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UNIVERSITY  OF  CALIFORNIA. 

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school  OIIICB^,  upon  the  termination  of  his  term  of  office, 
shall  immediately  surrender  to  his  successor  all  books,  papers  and 
moneys  pertaining  or  belonging  to  the  office,  taking  a  receipt  there- 
for,-CODE,  SECTION  2770. 


AMENDMENTS 


o 

fe  TO    THE 

H 


School  Laws  of  1897, 


As  Enacted  by  the  Twenty-Eighth 


o 

H  g  General  Assembly. 

la 

33 

Sf  1000 


gp 

H  tj 

gtf  PUBLISHED  BY  THE  SUPERINTENDENT  OF  PUBLIC  INSTRUO 
gg  TION,  IN  CONFORMITY  WITH  SECTION  2624,  FOR 

DISTRIBUTION  TO  SCHOOL  OFFICERS 

B 

g  AND  BOARDS  OF  DIRECTORS. 

o 

^^Te  R  A  ^ 

B  X^  •'  TMK 

?  I  XTNIVERSITY 

*$£CALIFOS!S> 


DES  MOtNES: 

F.  B.  CON  A  WAT.  STATE  POINTER. 
1900. 


82737 


DISTRIBUTION  OF  LAWS. 


Volumes  bound  in  paper  covers  shall  be  furnished  to  each 
school  director,  to  be  turned  over  by  the  director  to  his  suc- 
cessor in  office.  See  code,  section  2624. 

Each  school  officer,  upon  the  termination  of  his  term  of 
office,  shall  immediately  surrender  to  his  successor  all  books, 
papers  and  moneys  pertaining  or  belonging  to  the  office,  taking 
a  receipt  therefor.  See  code,  section  2770. 


PREFACE. 

Chapter   23.  School  corporations  may  accept  gifts  and  bequests. 

Chapter   41.  Amount  of  indebtedness  that  may  be  incurred. 

Chapter    94.  Duties  and  expenses  of  the  state  superintendent. 

Chapter   96.  Provides  for  granting  special  state  certificates. 

Chapter  104.  Authorizes  special  meetings  of  the  electors. 

Chapter  105.  Board  may  determine  number  of  precincts. 

Chapter  106.  Secretary  calls  special  election  to  fill  vacancies. 

Chapter  107.  Board  may  authorize  subdirectors  to  employ  teachers. 

Chapter  108.  Contingent  fund  levied  for  transportation  of  pupils. 

Chapter  109.  Vocal  music  shall  be  taught  in  all  public  schools. 

Chapter  110.  Apportionment  fund  used  for  library  purposes. 

Chapter  111.  Petition  for  county  uniformity  of  text-books. 

Chapter  112.  County  superintendent  has  charge  of  text-books. 

Chapter  142.  Bond  money  may  be  used  to  purchase  sites. 


SESSION  LAWS. 


CHAPTER  23. 

ENABLING  SCHOOL,  CORPORATIONS  TO  ACCEPT  GIFTS  AND 

BEQUESTS. 
H.  F.  3. 

AN  ACT  to  amend  section  seven  hundred  and  forty  (740)  of  the  code, 
•  enabling  school  corporations  to  accept  gifts  and  bequests. 

Be  it  enacted  ~by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Power  to  accept  bequests^how  adminis- 
tered. That  section  seven  hundred  and  forty  (740)  of  the  code 
be  and  the  same  is  hereby  amended  by  striking  out  of  the  sec- 
ond line  thereof  the  words,  "other  municipalities,"  and  insert- 
ing in  lieu  thereof  the  words,  "school  corporations;"  and  by 
inserting  after  the  word  "be  quest  "in  the  third  line  of  said 
section  seven  hundred  and  forty  (740)  the  following  words: 
"  And  to  administer  the  same  through  their  proper  officers  in 
pursuance  of  the  terms  of  the  gift  or  bequest." 

SEC.  2.  In  effect.  This  act,  being  deemed  of  immediate 
importance,  shall  take  effect  from  and  after  its  publication  in 
the  Iowa  State  Register  and  the  Des  Moines  Leader,  news- 
papers published  at  Des  Moines,  Iowa. 

Approved  February  27,  1900. 

I  hereby  certify  that  the  foregoing  act  was  published  in  the  Iowa  State 
Register  and  the  Des  Moines  Leader,  March  1,  1900. 

G.  L.  DOBSON, 
Secretary  of  State. 

CHAPTER  41. 

INDEBTEDNESS  OP   COUNTIES  AND   OTHER  POLITICAL,  AND 
MUNICIPAL  CORPORATIONS. 

S.  F.  39. 

AN  ACT  to  repeal  section  thirteen  hundred  and  six  (1306)  of  the  cede,  and 
to  enact  a  substitute  therefor,  relating  to  the  assessment  of  taxes,  and 
limiting  the  indebtedness  of  counties,  and  other  political  and  municipal 
corporations,  including  cities  acting  under  special.eharter. 

Be  it  enacted  try  the  General  Assembly  of  the  State  of  Iowa: 


SECTION  1.  Kepealed.  That-section  thirteen  hundred  and 
six  (1806)  of  the  code  be  and  is  hereby  repealed,  and  the  fol- 
lowing enacted  in  lieu  thereof: 

SEC.  2.  Amount  of  indebtedness  limited.  "No  county 
or  other  political  or  municipal  corporation,  including  cities 
acting  under  special  charters,  shall  be  allowed  to  become 
indebted,  in  any  manner  or  for  any  purpose,  to  an  amount  in 
the  aggregate  exceeding  one  and  one-fourth  per  centum  on  the 
actual  value  of  the  property  within  such  county  or  corporation, 
to  be  ascertained  by  the  last  state  and  county  tax  list  previous 
to  the  incurring  of  such  indebtedness." 

SEC.  3.  In  effect.  This  act,  being  deemed  of  immediate 
importance,  shall  be  in  force  from  and  after  its  publication  in 
the  Des  Moines  Register  and  the  Des  [Mcines]  Leader,  news- 
papers published  at  Des  Moines,  Iowa. 

Approved  April  6,  1900. 

I  hereby  certify  that  the  foregoing  act  was  published  in  the  Iowa  State 
Register  and  the  Des  Moines  Leader  April  7,  1900. 

G.  L.  DOBSON, 
Secretary  of  State. 

CHAPTER  94. 

DUTIES  AND   EXPENSES  OF   SUPERINTENDENT  OF   PUBLIC 
INSTRUCTION. 

S.  F.  178. 

AN  ACT  to  amend  sections  twenty-six  hunt  red  and  twenty-two  (2622)  and 
twenty-six  hundred  and  twenty-seven  (2627)  of  the  code,  relative  to  the 
duties  and  expenses  of  the  superintendent  of  public  instruction. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Additional  duties  and  powers.  That  sec- 
tion twenty- six  hundred  and  twenty- two  (26S2)  of  the  code  be 
and  is  hereby  amended  by  adding  thereto  the  following: 

"He  shall  have  power  to  collect,  publish  and  distribute 
statistical  and  other  information  relative  to  public  schools  and 
education  in  general;  to  visit  teachers'  association  meetings 
and  make  tours  of  inspection  among  the  common  schools  and 
other  institutions  of  learning  in  the  state,  and  may  deliver 
addresses  upon  subjects  relative  to  education;  to  prepare,  pub- 
lish, and  distribute  blank  forms  for  all  returns  he  may  deem 
necessary,  or  that  may  be  required  by  law,  of  teachers,  or 
school  officers;  to  publish  and  distribute  annually  leaflets  and 


—  5  — 

circulars  relative  to  arbor  day,  memorial  day,  and  other  days 
considered  by  him  worthy  of  special  observance  in  public 
schools;  to  prepare  questions  for  the  use  of  county  superin- 
tendents in  the  examination  of  applicants  for  teachers'  certifi- 
cates; and  to  prepare,  publish,  and  distribute,  among  teachers 
and  school  officers,  courses  of  study  for  use  in  the  rural  and 
high  schools  of  the  state.  When  any  county  superintendent 
fails  to  make  any  report  as  required  of  him  by  law  the  superin- 
tendent of  public  instruction  may  appoint  some  suitable  person 
to  perform  such  duties  and  fix  reasonable  compensation  there- 
for, which  shall  be  paid  by  the  delinquent  county  superin- 
tendent." 

SEC.  2.  Allowance  for  expenses  increased.  That  sec- 
tion twenty -six  hundred  and  twenty- seven  (2627)  of  the  code  be 
and  is  hereby  amended  by  striking  out  of  line  five  thereof  the 
words  "two  hundred  fifty"  and  inserting  the  words  -''three 
hundred  "  in  lieu  thereof. 

Approved  April  4,  1900. 


CHAPTER  96. 

RELATING    TO   THE    GRANTING    OP    TEACHERS'    CERTIFICATES. 

S.  P.  135-193. 

AN  ACT  to  repeal  section  twenty-six  hundred  aad  thirty  (2630)  of  the  code 
and  to  enact  a  substitute  therefor,  relating  to  granting  teachers'  cer- 
tificates by  the  educational  board  of  examiners. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Repealed.  Section  twenty- six  hundred  and 
thirty  (2630)  of  the  code  is  hereby  repealed,  and  the  following 
enacted  in  lieu  thereof: 

SEC.  2.  Special  certificates.  The  educational  board  of 
examiners  may  issue  a  special  certificate  to  any  teacher  of 
music,  drawing,  penmanship,  or  other  special  branches,  or  to 
any  primary  teacher,  of  sufficient  experience,  who  shall  pass 
such  examination  as  the  board  may  require  in  the  branches, 
and  methods  pertaining  thereto,  for  which  the  certificate  is 
sought.  Such  certificates  shall  be  designated  by  the  name  of 
the  branch,  and  shall  not  be  valid  for  any  other  department  or 
branch.  The  board  shall  keep  a  complete  register  of  all  per- 
sons to  whom  certificates  or  diplomas  are  issued. 

Approved  April  4,  1900. 


—  6  — 
CHAPTER  104. 

SPECIAL   MEETINGS    OF    VOTERS    OF    SCHOOL,    CORPORATIONS. 

S.  F.  310. 

AN  ACT  to  amend  section  twenty-seven  hundred  and  fifty  (2750)  of  the  code, 
relating  to  special  meetings  of  voters  of  school  corporations. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Special  meetings.  That  section  twenty- seven 
hundred  and  fifty  (2750)  of  the  code  be  and  the  same  is  hereby 
amended  by  striking  out  of  the  third  and  fourth  lines  thereof 
the  words,  ''Whenever  the  corporation  has  lost  the  use  of  a 
schoolhouse  by  fire  or  otherwise. " 

SEC.  2.     In  effect.    This  act,  being  deemed  of  immediate 
importance,  shall  take  effect  and  be  in  force  from  and  after  its 
publication  in  the  Iowa  State  Register  and  the  Des  Moines 
Leader,  newspapers  published  in  Des  Moines,  Iowa. 
Approved  April  4,  1900. 

I  hereby  certify  that  the  foregoing  act  was  published  in  the  Iowa  State 
Register  and  the  Des  Moines  Leader  April  5,  1900. 

'G.  L.  DOBSON, 
Secretary  of  State. 

CHAPTER  105. 

NUMBER  OF  ELECTION  PRECINCTS  OP  SCHOOL  CORPORATIONS. 

S.  F.  109. 

AN  ACT  to  amend  section  two  thousand  seven  hundred  and  fifty-five  (2755) 
of  the  code,  relating  to  the  number  of  election  precincts  into  which 
school  corporations  of  more  than  five  thousand  (5000)  inhabitants  may 
be  divided. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Board  to  determine  number.  That  section 
two  thousand,  seven  hundred  and  fifty-five  (2755)  of  the  code 
be  and  the  same  is  hereby  amended  by  striking  out  the  words 
"not  more  than  five  precincts"  in  the  third  line  of  said  section, 
and  inserting  in  lieu  thereof  ' '  such  number  of  precincts  as  the 
board  of  directors  shall  determine." 

SEC.  2.     In  effect.     This  act,  being  deemed  of  immediate 
importance,  shall  be  in  force  and  effect  on  and  after  its  publi- 
cation in  the  Iowa  St*te  Register  and  the  Des  Moines  Leader, 
newspapers  published  st  Des  Moines,  Iowa. 
Approved  February  9,  1900. 

I  hereby  certify  that  the  foregoing  act  was  published  in  the  Iowa  State 
Register  and  Des  Moines  Leader  February  10,  1900. 

G.  L.  DOBSON, 
Secretary  of  State. 


—  7  — 
CHAPTER  106. 

SPECIAL  ELECTION  TO  PILL  VACANCIES  ON  SCHOOL  BOARDS. 

H.  F.  204. 

AN  ACT  [to  amend  section  twenty-seven  hundred  seventy-one  (2771)  of  the 
code],  relating  to  the  calling  of  a  special  election  to  fill  vacancies  on 
boards  of  school  directors. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Secretary  to  call  special  election.  That 
section  twenty-seven  hundred  seventy-one  (2771)  of  the  code  be 
and  the  same  is  hereby  amended  by  adding  thereto  the  follow- 
ing: 

"When  the  board  is  reduced  below  a  quorum,  by  resignation 
or  otherwise,  the  secretary  of  the  board  shall  call  a  special 
election  to  fill  the  vacancies,  giving  notice  in  the  same  manner 
as  for  the  annual  meeting  on  the  second  Monday  in  March." 

Approved  April  7,  1900. 


CHAPTER  107. 

RELATING  TO  THE   EMPLOYMENT   OF   TEACHERS. 
H.  F.  105. 

AN  ACT  to  amend  section  twenty-seven  hundred  and  seventy-eight  (2778) 
of  the  code,  relative  to  the  employment  of  teachers. 

He  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.     Employment  of  teachers  in  sub-districts. 

That  section  twenty-seven  hundred  and  seventy-eight  (2778)  of 
the  code  is  amended  by  inserting  after  the  word  "law"  in  the 
fifth  line  the  following:  "But  the  board  may  authorize  any 
sub- director  to  employ  teachers  for  the  schools  in  his  sub-dis- 
trict." 

Approved  April  16,  1900. 


CHAPTER  108. 

RELATING  TO  CONTINGENT   FUND  OF  SCHOOL  CORPORATIONS. 

S.  F.  183. 

AN  ACT  to  amend  section  two  thousand  eight  hundred  and  six  (2806)  of 
the  code,  in  relation  to  the  contingent  fund. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Transportation  fund.  That  section  twenty- 
eight  hundred  and  six  (2806)  of  the  code  is  amended  by  insert- 
ing between  the  word  "thereof"  and  the  semicolon  in  the 
seventh  line,  the  words,  "and  such  additional  sum  as  may  be 
necessary  not  exceeding  five  dollars  for  each  person  of  school 
age  for  transporting  children  to  and  from  school." 

Approved  April  7,  1900. 

CHAPTER  109. 

THE   TEACHING  OF   THE   ELEMENTS  OF    VOCAL   MUSIC  IN   THE 

PUBLIC  SCHOOLS. 
H.  F.  68. 

AN  ACT  to  provide  for  the  teaching  of  the  elements  of  vocal  music  in  all 
the  public  schools  of  Iowa.  [Amendatory  of  chapter  14,  title  XIII,  of 
the  code,  renting  to  the  system  of  common  schools.] 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Instruction  in  vocal  music  authorized. 
That  the  elements  of  vocal  music,  including  when  practical  the 
singing  of  simple  music  by  note,  be  taught  in  all  of  the  public 
schools  of  Iowa,  and  that  all  teachers  teaching  in  schools  where 
such  instruction  is  not  given  by  special  teachers  be  required  to 
satisfy  the  county  superintendent  of  their  ability  to  teach  the 
elements  of  vocal  music  in  a  proper  manner.  Provided,  how- 
ever, that  no  teacher  shall  be  refused  a  certificate  or  the  grade 
of  his  or  her  certificate  lowered  on  account  of  lack  of  ability  to 
sing. 

SEC.  2.  Normal  institute.  That  it  shall  be  the  duty  of 
each  county  superintendent  to  have  taught  annually  in  the 
normal  institute  the  elements  of  vocal  music. 

SEC.  3.  In  effect.  This  act  shall  take  effect  on  the  fourth 
day  of  July  of  the  year  nineteen  hundred  and  one. 

Approved  April  19,  1900. 


-9— 
CHAPTER  110. 

LIBRARIES  FOR    THE    USE    OF    TEACHERS,    PUPILS    AND  OTHER 

RESIDENTS  IN   SCHOOL  DISTRICTS. 

S.  F.  240.- 

AN  ACT  to  establish  libraries  for  the  use  of  teachers,  pupils,  and  other 
residents  in  all  school  districts.  [Amendatory  of  chapter  14,  title  XIII, 
of  the  code,  relating  to  the  systems  of  common  schools.] 

Be  it  enacted  ~by  the  General  Assembly  of  the  State  of  lotca: 

SECTION  1.  Library  fund.  The  treasurer  of  each  school 
township  and  each  rural  independent  district  in  this  state  shall 
withhold  annually,  from  the  money  received  from  the  appor- 
tionment for  the  several  school  districts,  not  less  than  five  nor 
more  than  fifteen  cents,  as  may  be  ordered  by  the  board,  for 
each  person  of  school  age  residing  in  each  school  corporation, 
as  shown  by  the  annual  report  of  the  secretary,  for  the  pur- 
chase of  books  as  hereinafter  provided.  When  so  ordered  by 
the  board  of  directors,  the  provisions  of  this  section  shall  apply 
to  any  independent  district. 

SEC.  2.  Purchase  of  books — distribution.  Between  the 
third  Monday  of  September  and  the  first  day  of  December  in 
each  year  the  president  and  secretary  of  the  board,  with  the 
assistance  of  the  county  superintendent  of  schools,  shall  expend 
all  money  withheld  by  the  treasurer  as  provided  in.  section  one 
of  this  act,  in  the  purchase  of  books  selected  from  the  lists  pre- 
pared by  the  state  board  of  educational  examiners  as  herein- 
after provided,  for  the  use  of  the  school  district;  in  school 
townships  the  secretary  shall  distribute  the  books  thus  selected 
to  the  librarians  among  the  several  sub- districts,  and  at  least 
semi-annually  collect  the  same  and  distribute  others. 

SEC.  3.  State  board  of  educational  examiners  to  pre- 
pare lists  of  books.  It  is  hereby  made  the  duty  of  the  state 
board  of  educational  examiners  to  prepare  annually  or  bien- 
nially lists  of  books  suitable  for  use  in  school  district  libraries, 
and  furnish  copies  of  such  lists  to  each  president,  secretary, 
and  each  county  superintendent,  as  often  as  the  same  shall  be 
published  or  revised,  from  which  lists  the  several  presidents 
and  secretaries  and  county  superintendents  shall  select  and 
purchase  books. 


-101- 

SEC.  4.  Record  book.  It  shall  be  the  duty  of  each  sec- 
retary to  keep  in  a  record  book,  furnished  by  the  board  of 
directors,  a  complete  record  of  the  books  purchased  and  dis- 
tributed by  him. 

SEC.  5.  Librarian.  Unless  the  board  of  directors  shall 
elect  some  other  person,  the  secretary  in  independent  districts 
and  director  in  sub-districts  in  school  townships  shall  act  as 
librarian  and  shall  receive  and  have  the  care  and  custody  of 
the  books,  and  shall  loan  them  to  teachers,  pupils,  and  other 
residents  of  the  district,  in  accordance  with  the  rules  and  regu- 
lations prescribed  by  the  state  board  of  educational  examiners 
and  board  of  directors.  Each  librarian  shall  keep  a  complete 
record  of  the  books  in  a  record  book  furnished  by  the  board  of 
directors.  During  the  periods  that  the  school  is  in  session  the 
library  shall  be  placed  in  the  schoolhouse,  and  the  teacher 
shall  be  responsible  to  the  district  for  its  proper  care  and  pro- 
tection. The  board  of  directors  shall  have  supervision  of  all 
books  and  shall  make  an  equitable  distribution  thereof  among 
the  schools  of  the  corporation. 

Approved  March  29,  1900, 


CHAPTER  111. 

COUNTY  UNIFORMITY  OF  TEXT- BOOKS. 
S.  F.  116. 

AN  ACT  to  amend  section  twenty-eight  hundred  and  thirty-one  (2831)  of 
the  code,  relating  to  county  uniformity  of  text-books. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Petitions.  That  section  twenty-  eight  hundred 
and  thirty-one  (2831)  of  the  code  be  amended  as  follows:  Strike 
out  the  word  "one-half"  in  line  three  and  insert  the  word 
" one-third"  in  lieu  thereof. 

Approved  March  29,  1900. 


—  11— 

CHAPTER  112. 

RELATING   TO  THE  DISTRIBUTION   OF   TEXT-BOOKS. 
H.  F.  113. 

AN  ACT  to  amend  section  twenty-eight  hundred  and  thirty-two  (2832)  of 
the  code,  in  relation  to  the  distribution  of  text-books  in  counties  adopt- 
ing a  uniform  series. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa  : 

SECTION  1.  County  superintendent  to  distribute — item- 
ized accounts.  That  section  twenty-eight  hundred  and  thirty- 
two  (2832)  of  the  code  be  and  the  same  is  hereby  amended  by 
adding  thereto  the  following: 

"  Unless  otherwise  ordered  by  the  board  of  education,  the 
county  superintendent  shall  have  charge  of  such  text-books 
and  of  the  distribution  thereof  among  the  depositories  selected 
by  the  board;  he  shall  render  to  the  board  at  each  meeting 
thereof  itemized  accounts  of  his  doings,  and  shall  be  liable  on 
his  official  bond  therefor." 

Approved  March  14,  1900. 

CHAPTER  142. 

ISSUANCE  OF  BONDS  BY  SCHOOL,  CORPORATIONS. 
S.  F.  271. 

AN  ACT  to  amend  section  one  (1)  of  chapter  ninety-five  (95)  of  the  acts  of 
the  Twenty-seventh  General  Assembly,  in  relation  to  the  issuance  of 
bonds  by  school  corporations. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Purchase  of  schoolliouse  sites.  That  sec- 
tion one  (1)  of  chapter  ninety-five  (95)  of  the  acts  of  the  Twenty- 
seventh  General  Assembly  be'  amended  by  inserting  after  the 
word  "  schoolhouses "  in  the  tenth  line  thereof  the  following 
words:  "And  the  purchase  of  sites  therefor." 

SEC:  2.  In  effect.  This  act,  being  deemed  of  immediate 
importance,  shall  take  effect  and  be  in  force  from  and  after  its 
publication  in  the  Iowa  State  Register  and  the  Des  Moines 
Leader,  newspapers  published  in  Des  Moines,  Iowa. 

Approved  April  6,  1900. 

I  hereby  certify  that  the  foregoing  act  was  published  in  the  Iowa  State 
Register  and  the  Das  Moines  Leader,  April  10,  1900. 

G.  L.  DOBSON, 
Secretary  of  State. 


PREFACE. 


The  sections  of  the  school  law  in  this  volume  are  reprinted  from 
the  code  in  as  nearly  the  same  form  as  possible.  They  are  supposed 
to  contain  all  the  enactments  now  in  force  referring  directly  to 
school  matters. 

The  annotations  are  intended  to  assist  in  understanding  the  mean- 
ing of  the  law.  But  it  must  not  be  presumed  that  these  notes  have 
in  any  proper  sense  the  full  force  of  law,  except  when  they  are 
based  upon  decisions  of  the  courts  or  opinions  from  the  attorney  - 
general.  In  order  to  save  room  it  seemed  not  always  desirable  to 
indicate  such  reference. 

The  Iowa  reports  may  be  consulted  at  the  courthouse  in  each 
county  seat.  The  index  to  the  school  laws  and  the  index  to  the 
appeal  cases  should  prove  helpful  for  reference. 

In  practical  operation  and  effect  the  new  statutes  should  be  con- 
sidered rather  as  a  continuance  and  modification  of  old  laws,  than  as 
the  entire  abrogation  of  the  old,  and  the  reSnactment  of  a  new  law. 
In  many  provisions,  the  new  law  is  almost  a  counterpart  of  the 
former  law.  However,  there  are  several  material  changes.  The 
omission  of  some  particulars  is  significant  as  indicating  the  intent  of 
the  general  assembly.  Where  the  wording  or  spirit  of  the  former 
law  is  changed,  it  is  apparent  that  the  new  meaning  will  prevail. 

The  following  are  a  few  of  the  important  and  valuable  new  pro- 
visions: The  educational  board  of  examiners  will  have  power  to 
grant  a  state  certificate  or  a  state  diploma  to  a  person  holding  a 
diploma  from  a  state  normal  school  or  a  certificate  of  as  high  grade 
from  another  state.  The  board  of  examiners  will  also  have  power  to 
issue  a  state  certificate  for  primary  teachers.  The  law  requires  that 
a  county  superintendent  must  hold  a  first  class  certificate,  a  state 
certificate,  or  a  state  diploma.  County  certificates  will  be  separated 
into  classes  or  grades  under  the  discretion  of  county  superintendents, 
as  formerly.  A  provision  is  made  for  certificates  for  two  years.  At 
all  meetings  of  the  voters  voting  will  be  by  ballot.  The  prob- 
ability of  deadlocks  is  lessened  by  an  odd  number  in  many  boards. 
In  all  independent  districts  except  rural  independent  school  districts 
the  treasurer  will  be  chosen  by  the  electors.  Districts  having 
5,000  or  more  inhabitants  may  be  divided  into  precincts  for  voting 
purposes.  In  all  districts,  contracts  with  teachers  may  be  made 
only  by  the  entire  board.  A  majority  vote  of  the  board  will  expel 
from  school.  Contingent  fund  to  the  amount  of  $25  annually  for 


4  PREFACE. 

each  school  room  may  be  used  to  purchase  dictionaries,  library 
books,  charts,  and  apparatus.  Boards  may  contract  for  the  trans- 
portation of  children  to  and  from  school.  The  board  has  control 
of  schoolhouses,  subject  to  direction  from  the  voters.  Attendance  in 
school  townships  is  not  governed  necessarily  by  subdistrict  lines, 
but  the  board  determines  the  school  that  children  shall  attend.  The 
course  of  study  in  graded  or  union  schools  must  be  approved  by  the 
superintendent  of  public  instruction.  The  provisions  for  changes 
in  boundaries  and  the  restoration  of  territory  are  much  simplified. 
In  hearing  appeals,  witnesses  may  be  subpoenaed,  and  provision  is 
made  by  which  the  expenses  will  be  paid.  The  costs  must  be  entered 
up  against  those  taking  the  appeal,  if  brought  without  reasonable 
cause,  or  if  the  appeal  is  not  sustained. 

The  necessary  haste  in  which  the  work  was  completed,  as  but 
little  could  be  done  by  us  until  the  code  was  in  print,  renders  this 
compilation  less  complete  than  we  would  like.  But  it  is  hoped  the 
volume  will  be  found  very  helpful  to  the  many  officers  so  success- 
fully administering  the  school  affairs  of  this  state. 

October  1,  1897.  HENRY  SABIN, 

Superintendent  of  Public  Instruction. 


AMENDMENTS 


TO   THE 


School  Laws  of  1897, 


As  Enacted  by  the  Twenty-seventh 
General  Assembly. 

§i 


«  s 

O  00 

O  *-* 

C5  ~» 


^  a    PUBLISHED  BY  THE  SUPERINTENDENT   OF   PUBLIC 

o  M 

TION,  IN  CONFORMITY  WITH  SECTION  2624,  FOR 
g 
g  DISTRIBUTION  TO  SCHOOL  OFFICERS 

AND  BOARDS  OF  DIRECTORS. 

i 


DBS  MOINES: 

F.    R.   CONAWAT,   STATE  PRINTER. 


—  2  — 

Volumes  bound  in  paper  covers  shall  be  lurnished  to  each  school 
director,  to  be  turned  over,  by  the  director  to  his  successor  in  office. 
—Section  2624  Code. 

Each  school  officer,  upon  the  termination  of  his  term  of  office,  shall 
immediately  surrender  to  his  successor  all  books,  papers  and  moneys 
pertaining  or  belonging  to  the  office,  taking  a  receipt  therefor. — Sec- 
tion 2770  Code. 


PREFACE. 


To  aid  those  interested  in  the  proper  administration  of  school 
government  and  school  laws,  these  amendments  to  the  code  of  1897, 
enacted  by  the  Twenty -seventh  General  Assembly,  are  published. 

Chapter  73  authorizes  the  state  board  of  educational  examiners  to 
employ  a  secretary  and  expend  annually  a  sum  not  to  exceed  $1,500. 
It  is  believed  that  this  change  in  the  law  will  enable  the  board  to 
accommodate  the  teachers  of  the  state  by  holding  more  examinations 
than  formerly, 

Chapter  77  provides  for  an  increased  appropriation  for  the  State 
Normal  School  at  Cedar  Falls,  Iowa. 

Chapter  84  provides  for  the  establishment  of  county  high  schools 
and  also  for  the  disestablishment  of  such  schools  if  so  ordered  by  a 
majority  of  the  voters  of  the  county. 

Chapter  85  requires  that  the  county  superintendent  shall  here- 
after be  the  holder  of  certificate  issued  for  a  period  of  two  years. 

Chapter  86  requires  all  applicants  for  teachers'  certificates  to  be 
examined  in  didactics. 

Chapter  87  provides  that  the  institute  fund  shall  be  paid  out  by 
the  county  treasurer  on  warrants  drawn  by  the  county  auditor  on 
written  order  of  the  county  superintendent,  accompanied  by  the  bill 
for  services  signed  and  sworn  to  by  the  person  to  whom  due  and 
verified  by  the  county  superintendent.  The  fund  may  not  be  over- 
drawn. 

Chapter  88  makes  it  the  duty  of  school  boards  in  districts  where 
school  sites  adjoin  improved  lands,  to  maintain  a  lawful  fence. 

Chapter  89  is  an  important  amendment.  It  provides  that  when  the 
boundary  line  between  a  school  township  and  an  independent  city  or 
town  district  is  not  the  line  between  civil  townships  it  may  be  changed 
by  the  concurrence  of  the  boards  of  directors.  The  whole  amend- 
ment should  be  read  with  care. 


Chapter  90  provides  for  the  sale  of  school  laws  by  county  auditors. 

Chapter  91  relates  to  the  names  of  school  corporations  and  the 
election  of  directors  therein.  This  amendment  became  effective  by 
publication. 

Chapter  92  provides  that  where  there  is  an  even  number  of  sub- 
districts  a  director  shall  be  elected  at  large  by  the  voters  of  the 
school  township. 

Chapter  93  amends  the  code  by  providing  that  in  school  districts 
composed  in  whole  or  in  part  of  cities  or  incorporated  towns,  the 
treasurer  shall  be  elected  for  two  years.  This  amendment  became 
effective  by  publication. 

Chapter  94  simplifies  the  provisions  of  section  2808  of  the  code. 
Hereafter  the  auditor  will  notify  the  county  treasurer  of  the  appor- 
tionment due  each  school  corporation  instead  of  the  president  of  the 
board  of  each  corporation. 

Chapter  95  gives  to  boards  of  directors  of  school  corporations  the 
right  to  issue  bo  ads  to  pay  any  judgment  or  any  indebtedness  under 
bonds  lawfully  issued.  Boards  are  also  authorized  to  issue  school 
building  bonds  for  the  purpose  of  erecting,  completing  or  improving 
schoolhouses  when  authorized  by  the  voters. 

When  not  otherwise  noted,  these  amendments  go  into  effect  on  the 
fourth  of  July,  1898. 

RICHARD  C.  BARRETT, 
Superintendent  Public  Instruction. 

Des  Moines,  July  1,  1898. 


—  4 


SESSION  LAWS. 

CHAPTER  73. 

8.  F.  146. 

AN  ACT  to  repeal  section  twenty-six  nundred  and  thirty-four  (2634)  of  the  code, 
and  to  enact  a  substitute  therefor,  relating  to  the  State  Board  of  Educational 
Examine[r]s,  and  authorizing  it  to  employ  a  secretary. 

Be  ifreriacted  by  the,  General  Assembly  of  the.  State  of  Iowa: 

SECTION  1.  Compensation— secretary— salary.  That  section 
twenty-six  hundred  and  thirty -four  tf  the  code  be,  and  the  same  is 
hereby  repealed,  and  the  following  enacted  in  lieu  thereof: 

"Each  member  of  the  board,  and  parson  appointed  to 
assist  in  conducting  examinations,  shall  receive  for  the  time 
actually  employed  in  such  service  his  actual  necessary 
expenses,  and  those  not  salaried  officers  shall  be  paid  in  addi- 
tion three  dollars  a  day.  The  board  shall  have  power  to 
employ  a  secretary  and  prescribe  his  duties.  He  shall 
receive  a  salary  of  not  exceeding  $75  a  month  and  actual 
necessary  expenses  while  engaged  in  the  performance  of  his 
duties  at  places  other  than  his  residence.  All  expenditures 
authorized  by  this  section  shall  be  certified  by  the  superin- 
tendent of  public  instruction  to  the  auditor  of  state,  who 
shall  draw  warrants  therefor  upon  the  treasurer,  but  nob  to 
exceed  the  fees  paid  into  the  treasury  by  the  board.  The 
aggregate  amount  to  be  paid  in  any  one  year  by  the  board 
for  all  purposes  shall  not  exceed  $1,500." 
Approved  April  7,  1898. 


CHAPTER  77. 

H.  F.  105. 

AN  ACT  amending  section  twenty-six  hundred  and  eighty-two  [2682]  of  the  code, 
relating  to  annual  appropriations  for  the  Normal  School  at  Cedar  Falls,  Iowa. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Teachers'  and  contingent  fund.  That  section 
twenty -six  hundred  and  eighty -two  of  the  code  be  and  the  same  is 
hereby  amended  by  striking  out  the  words  "seventeen  thousand  five 
hundred,"  in  the  second  line  of  said  section,  and  inserting  in  lieu 
thereof  the  words  "twenty -eight  thousand  five  hundred,"  and  by 
striking  out  the  words  "three  thousand"  in  the  fourth  line  of  said 
section,  and  inserting  in  lieu  thereof  the  words  '  'nine  thousand. " 

Approved  April  12,  1898. 


—  5  — 
CHAPTER  84. 

H.  F.  139. 

AN  ACT  to  amend  sections  twenty- seven  hundred  acd  twenty -eight  (2728), 
twenty-seven  hundred  and  thirty  (2730),  twenty-seven  hundred  and  thirty-one 
(2731),  and  twenty  seven  hundred  and  thirty-two  (2732),  and  repeal  section 
twenty-seven  hundred  and  thirty-three  (2733)  of  the  code,  and  enact  a  substi- 
tute therefor,  in  relation  to  county  high  schools. 

Be  it  enacted  by  the  General  Assembly  o/  the  State  of  Iowa: 

SECTION  1.  How  established.  That  section  twenty  seven  hun- 
dred and  twenty-eight  (2728)  of  the  code  be  amended  by  inserting 
after  the  word  "question,"  in  the  sixth  line  thereof,  the  words, 
1 '  Together  with  the  amount  of  tax  to  be  levied  to  erect  the  neces- 
sary buildings."  Also,  by  inserting  in  said  section,  after  the  word 
"school"  in  the  eleventh  line  thereof,  the  words,  "And  for  or 
against  the  levying  of  the  tax."  Also  by  inserting  in  said  section, 
after  the  word  "school,"  in  the  thirteenth  line  thereof,  the  words, 
"And  the  levying  of  such  tax." 

SEC.  2.  Approval  of  electors.  That  section  twenty-seven  hun- 
dred and  thirty  (2730)  of  the  code  be  amended  by  striking  out  all  that 
part  of  the  same  after  the  word  "county,"  in  the  fifth  line  thereof, 
and  up  to  and  including  the  word  "only,"  in  the  twelfth  line  thereof, 
and  inserting  the  following,  in  lieu  thereof:  "And  shall  procure 
plans  and  specifications  for  the  erection  of  such  buildings,  and  make 
all  necessary  contracts  for  the  erection  of  the  same,  the  cost  of  which, 
when  completed,  shall  not  exceed  the  amount  of  the  tax  so  levied 
therefor.  They  shall  also  arnually  make  and  certify  to  the  board  of 
supervisors  on  or  before  the  first  Monday  of  September  of  each  year, 
an  estimate  of  the  amount  of  funds  needed  for  improvements,  teach- 
ers' wages  and  contingent  expenses  for  the  ensuing  year,  designating 
the  amount  for  each,  which,  in  the  aggregate  shall  not  exceed,  in  any 
one  year,  two  mills  on  the  dollar,  upon  the  taxable  property  of  the 
county.  No  expenditures  for  buildings  or  other  improvements  shall 
be  made,  or  contract  entered  into  therefor,  by  said  board,  involving 
an  outlay  of  to  exceed  five  hundred  dollars  in  any  one  year,  without 
the  same  first  being  submitted  to  the  electors  of  the  county  in  which 
said  school  be  located,  for  their  approval." 

SEC.  3.  Management.  That  section  twenty-seven  hundred  and 
thirty-one  (2731)  of  the  code  be  amended  by  striking  out  all  that  part 
of  said  section  up  to,  and  including  the  word  "but,"  in  the  fifth  line 
thereof,  and  inserting  the  words,  "said  board,"  in  lieu  thereof. 

SEC.  4.  Apportionment — tuition.  That  section  twenty- seven 
hundred  and  thirty-two  (2732)  of  said  code  be  amended  by  adding 
thereto,  at  the  end  of  said  section  the  following: 

"Said  board  of  trustees  shall  make  all  necessary  rules 
and  regulations  in  regard  to  the  age  and  grade  of  attainments 
necessary  to  entitle  pupils  to  admission  into  the  school,  and 
shall,  on  or  before  the  10th  day  of  July  of  each  year  make 
an  apportionment  between  the  different  school  corporations 
of  the  county,  of  the  pupils  that  shall  attend  said  school, 
and  shall  apportion  to  each  of  said  school  corporations  its 
proportionate  number,  based  upon  the  number  of  pupils  that 


can  be  reasonably  accommodated  in  said  school,  and  the 
number  of  pupils  of  school  age,  actual  residents  of  such 
school  corporations,  as  shown  by  the  county  superintend- 
ents' report  last  filed  with  the  county  auditor,  of  said  county; 
said  apportionment  shall  be  published  in  the  official  papers 
of  such  county,  to  be  paid  for,  as  other  county  printing; 
pupils  from  the  said  school  corporations  to  the  number  so 
designated  in  such  apportionment,  shall  be  entitled  to  admis- 
sion into  said  school,  tuition  free,  and  none  others,  and  it 
shall  bd  unlawful  to  accredit  pupils  so  attending  to  any 
other  school  corporation,  than  the  one  in  which  they  are 
enumerated  for  school  purposes.  Should  there  be  more 
applicants  for  such  admission  from  any  school  corporation 
than  its  proportionate  number,  so  determined,  then  the 
board  of  directors  of  such  school  corporation  shall  designate 
which  of  s»id  applicants  shall  be  entitled  to  so  attend.  If 
the  school  shall  be  capable  of  accommodating  more  pupils 
than  those  attending  uader  such  apportionment,  others  m%y 
be  admitted  by  the  board  of  trustees,  preference  at  all  times 
being  given  to  pupils  desiring  such  admission,  who  are  resi- 
dents of  the  county.  The  board  of  trustees  shall  fix  reason- 
able tuition  for  such  pupils.  If  such  pupils  are  residents  of 
the  county  the  school  corporation  from  which  they  attend 
shall  pay  their  tuition  out  of  its  contingent  fund.  Tne  prin- 
cipal of  such  high  school  shall  report  to  the  said  board  of 
trustees  under  oath,  at  the  close  of  each  term  the  names 
and  number  of  pupils  attending  such  school  during  said 
term,  from  what  school  corporation  they  attended,  and  the 
amount  of  tuition,  if  any,  paid  by  each,  the  same  to  be 
included  in  the  annual  report  of  the  secretary  of  the  board 
of  trustees  to  the  board  of  suparvisors,  provided  for  in  sec- 
tion twenty- seven  hundred  and  thirty-one  (2731)  of  the  code. 
The  tuition  so  paid  to  be  turned  over  to  the  treasurer  of  the 
board  of  trustees  to  be  used  in  paying  the  expense  of  said 
school  under  the  direction  of  said  board. " 

SEC.  5.  Petitions  to  abolish — election.  That  section  twenty- 
seven  hundred  and  thirty- three  of  the  code  ba  repealed  and  the  fol- 
lowing substituted:  i 

."Whenever  citizens -of  any  county  having  a  county  high 
school  desire  to  abo  ish  the  same  or  to  dispose  of  any  part 
of  the  buildings  or  property  thereof,  they  may  petition  the 
board  of  supervisors  at  any  regular  session  thereof  in  rela- 
tion thereto,  and  sections  three  huadred  and  ninety- seven 
(397),  three  hundred  and  ninety-eight  (398),  three  hundred 
and  ninety-nine  (^99)  and  four  hundred  (400)  of  ths  code 
shall  apply  to  and  govern  the  whole  matter,  including  the 
manner  of  presenting  and  determining  the  sufficiency  of 
such  petitions  and  remonstrances  thereto  so  far  as  appli- 
cable. If  an  election  is  ordered  the  same  shall  ba  held  at 
the  time  of  the  general  election  or  at  a  special  election  called 


—  7  — 

for  that  purpose  and  the  proposition  shall  be  submitted  and 
the  election  conducted  in  the  manner  provided  in  title  sir 
(6)  of  the  code.  If  any  proposition  as  herein  provided  be 
legally  submitted  and  adopted,  the  board  of  supervisors  is 
hereby  empowered  to  carry  the  same  into  effect." 
Approved  April  12,  1898. 

CHAPTER  85. 

H.  F.  112. 

AN  ACT  to  amend  section  twenty-seven  hundred  and  thirty-four  (2734)  of  the 

code,  relating  to  the  qualifications  of  county  superintendents. 
Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Two  years'  certificate.  That  section  twenty -seven 
hundred  and  thirty -four  of  the  code  be  and  is  hereby  amended  by 
striking  out  of  the  second  and  third  lines  thereof  the  words:  "  first 
class  or"  and  inserting  in  lieu  thereof  the  words:  "Two  years  cer- 
tificate as  provided  for  in  section  t  venty- seven  hundred  and  thirty- 
seven  (2737)  of  the  code  issued  by  any  county  superintendent  in  the 
state,  or  a." 

Approved  April  12,  1893. 


CHAPTER  86. 

,S.-F.  181.- 

AN  ACT  to  amend   section  twenty-seven  hundred   and    thirty-six    (2736)  and 
twenty-seven  hundred  and  thirty-seven  (2737)  (chapter  [ohirteen]  13  of  title 


applicants  for  teachers'  certificates. 
Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Didactics  required.  That  section  twenty- seven 
hundred  and  thirty- six  of  the  code  be  amended  by  the  insertion  of 
the  word  "didactics'1  after  the  words  " United  States"  in  the  third 
line. 

SEC.  2.  Same.  Amend  section  twenty -seven  hundred  and  thirty- 
seven  by  striking  out  the  word  "didactics"  after  the  word  "branches" 
in  the  seventh  line  of  said  section. 

•Approved  March  31,  1898. 

CHAPTER  87. -3 

H..F.-99. 

AN   A.CT  to  amend  section  twenty-seven  hundred  and  thirty-eight  (2738)  of  the 

code,  relative  to  the  disbursement  of  the  institute  fund. 
Se  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Disbursement  of  institute  fund.  That  section 
twenty-seven  hundred  and  thirty-eight  (2738)  of  the  code  be  amended 
by  striking  out  the  last  sentence  thereof  commencing  wifch  the  words 
"all  disbursements  of  the  institute  fund,"  and  continuing  to  the 
close  of  said  section  and  inserting  in  lieu  thereof,  "  All  disburse- 
ments of  the  institute  fund  shall  be  by  warrants  drawn  by  the 
county  auditor,  who  shall  draw  said  warrants  upon  the  written  order 
of  the  county  superintendent,  and  said  written  order  must  be  accom- 
panied by  an  itemized  bill  for  services  rendered  or  expenses  incurred 
in  connection  with  the  institute,  which  bill  must  be  signed  and 


—  8  — 

sworn  to  by  the  party  in  whose  favor  the  order  is  made  and  must  be 
verified  by  the  county  superintendent.  All  said  orders  and  bills 
shall  be  kept  on  file  in  the  auditor's  office  until  the  final  settlement 
of  the  county  superintendent  with  the  board  of  supervisors  at  the 
close  of  his  term  of  office.  No  warrant  shall  be  drawn  by  the 
auditor  in  excess  of  the  amount  of  institute  fund  then  in  the  county 
treasury." 

Approved  April  12,  1898. 

CHAPTER  88. 

S.-F.  180. 

AN  ACT  to  require  boards  of  school  directors  to  fence  echoolhouse  sites. 
[Amendatory  to  title  XIII,  chapter  14,  of  the  code,  relating  to  system  ofj  com- 
mon schools.  ]3 

Be  it  enacted  fa/  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Duty  of  boards  of  school  directors.  It  shall  be 
the  duty  of  all  boards  of  school  directors  in  school  districts  where 
the  schoolhouse  site  adjoins  the  cultivated  or  improved  lands  of 
another  to  build  ?vid  maintain  a  lawful  fence  between  said  site  and 
cultivated  or  improved  lands. 

SEC.  2.  Bights  of  owner  of  adjoining  lands.  The  owner  of 
lands  adjoining  any  schoolhouse  site  shall  have  the  right  to  connect 
the  fence  on  his  lands  with  the  fences  around  any  schoolhouse  site, 
but  he  shall  not  be  liable  to  contribute  to  the  maintenance  of  the 
fence  around  said  site. 

Approved  March  25,  1898. \ 

CHAPTER  89. 

I-8..F.  186.B 

AN  ACT  to  empower  boards  of  directors  of  school  corporations  to  change  bound- 
ary lines  between  such  corporations  in  certain  cases.  [Amendatory  of  title 
XIII,  chapter  14.  of  the  code,  pertaining  to  system  of  common  achools.  ] 

Be  it  enacted  bv  the  General  Assemble >ot  the  State  of  Iowa:  2L 

"SECTION  1  Corporation  limits  changed.  When  the  boundary 
line  between  a  school  township  and  an  independent  city  or  town  dis- 
trict is  not  also  the  line  between  civil  townships,  such  boundary  may 
be  changed  at  any  time  by  the  concurrence  of  the  boards  of  direct- 
ors; but  in  no  case  shall  a  forty-acre  tract  of  land,  by  the  govern- 
ment survey,  be  divided;  and  such  subdivisions  shall  be  excluded  or 
included  as  entire  forties.  The  boundaries  of  the  school  township 
or  the  independent  district  may  in  the  same  manner  be  extended  to 
the  line  between  civil  townships,  even  though  by  such  change  one 
of  the  districts  shall  be  included  within  and  consolidated  with  the 
other  as  a  single  district.  When  the  corporate  limits  of  any  city  or 
town  are  extended  outside  the  existing  independent  district  or  dis- 
tricts, the  boundaries  of  said  independent  district  or  districts 
shall  be  also  correspondingly  extended.  But  in  no  case  shall  the 
boundaries  of  an  independent  district  be  affected  by  the  reduction 
of  the  corporate  limits  of  a  city  or  town. 
Approved  March  19,  1898. 


—  9  — 
CHAPTER  90. 

H.  F.  181. 

AN  ACT  to  provide  for  the  sale  and  distribution  of  the  sohool  laws  of  Iowa. 
[Additional  to  title  XIII,  chapter  14,  of  the  code,  relating  to  the  system  of 
common  schools.] 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  County  auditors— requisition — duplicate  re- 
ceipts. On  or  before  the  15th  day  of  November  of  each  year,  the 
auditor  of  each  county  shall  make  an  estimate  of  the  number  of 
copies  of  the  schools  laws  of  Iowa  as  will,  in  his  judgment,  be 
required  to  supply  the  de  cand  for  such  laws  in  his  county,  in  addi- 
tion to  the  number  of  copies  of  said  school  laws  furnished  by  the 
state  as  provided  for  in  section  2624,  chapter  1,  title  13  of  the  code. 
The  county  auditor  shall  transmit  his  estimate  to  the  superintend- 
ent of  public  instruction,  together  with  a  requisition  for  the  number 
of  copies  required.  Oa  receipt  of  the  requisition  the  superintendent 
of  public  instruction  shall  forward  to  the  county  auditor  the  number 
of  copies  named  in  the  requisition.  On  receipt  of  the  copies  trans- 
mitted to  him,  the  county  auditor  shall  execute  receipts  therefor  in 
duplicate,  one  of  which  he  shall  immediately  transmit  to  the  super- 
intendent of  public  instruction  and  the  other  to  the  state  auditor. 

SBC.  2.  Sale — price.  Tne  county  auditor  shall  keep  for  sale  at 
his  office  in  the  court  house  of  the  county,  copies  of  the  school  laws 
of  the  state  of  Iowa,  which  he  shall  receive  in  the  manner  hereinbe- 
fore provided,  at  a  price  not  to  exceed  twenty  (20)  cents  per  copy  of 
such  laws,  bound  in  paper  and  not  to  exceed  30  cents  per  copy  of 
such  laws  bound  in  cloth  and  pay  the  proceeds  of  such  sales  into  the 
county  treasury  on  or  before  the  15th  day  of  November  of  each  year. 

SEC.  3.  Statement  of  copies  sold.  The  said  county  auditor 
shall  also  on  or  before  the  15th  day  of  November  of  each  year,  make 
out  in  writing  under  oath,  a  st  itement  of  the  number  of  copies  sold 
by  him  and  not  before  accounted  for,  and  the  number  remaining  on 
hand  and  the  amount  paid  to  the  county  treasurer,  and  transmit  such 
statement  to  the  auditor  of  state,  who  shall  charge  the  county  treas- 
urer with  such  amount,  and  the  superintendent  of  public  instruction 
shall  certify  to  the  state  auditor,  the  number  of  copies  transmitted 
to  each  county  auditor  and  the  state  auditor  shall  charge  each  county 
auditor  therewith,  and  subsequently  credit  him  with  such  as  may  be 
sold  or  otherwise  lawfully  disposed  of. 

SEC.  4.  Copies  delivered  to  successor.  When  the  county 
auditor  goes  out  of  office,  having  any  such  copies  remaining,  he 
shall  deliver  them  to  his  successor,  taking  his  receipt  therefor  in 
duplicate,  one  of  which  shall  be  sent  to  the  state  auditor  which  shall 
be  his  sufficient  discharge  for  the  same. 

Approved  April  12,  1898. 


-lo-j 

CHAPTER  91. 

08.  F.  172.3 

AN  ACT  to  amend  sections  twenty-seven  hundred  and  forty-four  (2744)  and 
twenty-seven  hundred  and  fifty- four  (2754)  of  the  code,  relating  to  the  names 
of  school  corporations  and  the  election  of  dirtctors  therein. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Village  included.  That  section  twenty-seven  h  un- 
dred  and  forty-four  of  the  code  be  amended  by  striking  out  the 
words  ' '  or  incorporated "  in  the  fifth  and  sixth  lines  thereof  and 
inserting  after  the  word  "town"  in  the  sixth  line  the  words  "or 
village." 

SEC.  2.  Membership  of  board.  That  section  twenty -seven 
hundred  and  fifty-four  of  the  code  be  amended  by  striking  out  the 
words  "or  incorporated"  in  the  seventh  line  thereof  and  inserting 
after  the  word  "town"  in  said  line  the  words  "or  village."  Also 
by  inserting  after  the  word  "districts"  in  said  line  the  words  "And 
in  all  rural  independent  districts  where  the  board  now  consists  of 
six  members."  Also  by  adding  after  the  figures  "1900"  in  the  tenth 
line  of  said  section  the  following:  "In  all  independent  city,  town, 
or  village  districts  where  the  board  now  consists  of  three  members 
such  board  shall  hereafter  consist  of  five  members,  three  of  whom 
shall  be  elected  on  the  second  Monday  in  March,  1898,  one  for  one 
year,  one  for  two  years,  and  one  for  three  years."  Also  by  insert- 
ing, before  the  word  "rural"  in  the  tenth  line,  the  word  "other." 
Also  by  striking  out  the  word  "  incorporated"  in  the  thirteenth  and 
fourteenth  lines. 

SEC.  3.  In  effect.  This  act,  being  deemed  of  immediate  impor- 
tance, shall  take  effect  and  be  in  force  from  and  after  its  publication 
in  the  Iowa  State  Register  and  Des  Moines  Leader,  newspapers  pub- 
lished in  Des  Moines,  Iowa. 

Approved  February  18,  1898. 

I  hereby  certify  that  the  foragoin?  act  was  published  in  the  Iowa  State. Regis- 
ter and  the  Des  Moines  Leader,  February  19,  1898. 

G.  L.  DOBSON, 
Secretary  of  State. 

CHAPTER  92. 

S.  F.  273. 

AN  ACT  to  amend  section  twenty-seven  hundred  and  fifty-two  (2752)  of  the  code, 
relating  to  boards  of  directors  of  schoal  townships. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Number  of  directors.  That  section  twenty-seven 
hundred  and  fifty-two  of  the  code  be  and  is  hereby  amended  by 
striking  out  of  line  three  thereof  the  words  "are  only  two"  and 
inserting  the  words  "is  an  even  number  of"  in  lieu  thereof.  Also 
by  striking  out  the  words  "a  third"  in  the  same  line  and  inserting 
the  word  "another." 

Approved  April  9,  1898. 


—  11  — 
CHAPTER  93. 

•H.  F.  101. 

AN  ACT  to  amend  sec[tion]  [twenty-seven  hundred  and  fifty-four]  2754  of  the 
code  of  Iowa,  relating  to  the  term  of  office  of  school  treasurers,  in  districts 
composed  in  whole  or  in  part  of  cities  or  incorporated  towns. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Term  of  treasurer.  That  sec.  2754  of  chap.  14  of 
title  13  of  the  code  of  Iowa  be  amended  as  follows,  to-wit:  strike  out 
the  words  "  one  year  "  in  the  15th  line  and  insert  in  lieu  thereof,  the 
words  ' '  two  years. " 

SEC.  2.  In  effect.  This  act,  being  deemed  of  immediate  impor- 
tance, shall  take  effect  and  be  in  force  from  and  after  its  publica- 
tion in  the  Iowa  State  Register  and  the  Des  Moines  Leader,  news- 
papers published  at  Des  Moines,  Iowa. 

Approved  February  17,  1898. 

I  hereby  certify  that  the  foregoing  act  was  published  in  the  Iowa  State 
Register  and  the  Des  Moines  Leader,  February  18,  1898. 

-G.  L.  DOBSON, 
a  Secretary  of  State. 


CHAPTER  J94. 

H.  F.ol. 

AN  ACT  to  amend  section  [twenty-eight  hundred  and  eight]  2808  of  the  code, 
and  to  provide  for  the  manner  of  distributing  funds  in  the  hands  of  the  county 
treasurer  belonging  in  common  to  all  the  schools  in  the  county. 

Be  it  enacted  by  the  (general  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Apportionment.  That  section  twenty-eight  hun- 
dred and  eight  (2808)  of  the  code  be  amended  by  striking  out  all  that 
part  beginning  with  the  word  "he"  in  the  ninth  line  thereof  and 
adding  in  lieu  thereof ,  the  following:  "He  shall  immediately  notify 
the  county  treasurer  of  such  apportionment  and  of  the  amount  due 
thereby  to  each  corporation.  The  county  treasurer  shall  thereupon 
give  notice  to  the  president  of  each  corporation,  and  shall  pay  out 
such  apportionment  moneys  in  the  same  manner  that  he  is  author 
ized  to  pay  other  school  moneys  to  the  treasurers  of  the  several 
school  districts." 

Approved  February  9,  1898. 


—  12 
CHAPTER  95. 

S. F.  860. 

AN  ACT  to  amend  sections  twenty-eight  hundred  and  twelve  (2812)  and  twenty- 
eight  hundred  and  thirteen  (2813)  of  the  code,  relating  to  the  issuance  of  1  onds 
by  school  corporations  and  the  levy  of  taxes  for. the  payment  thereof 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Issuance  of  bonds.  That  section  twenty-eight  hun- 
dred and  twelve  (2812)  of  the  code  be  amended  by  striking  out  the  first 
seven  lines  thereof,  and  the  words  "purpose  which"  in  the  eighth 
line  aud  inserting  in  lieu  thereof  the  fo] lowing:  "The  board  of 
directors  of  any  school  corporation  may  issue  bonds  in  its  name  to 
pay  any  judgment  against  it  or  ai>y  indebtedness  ur.der  bonds  lawfully 
issued  and  redeemable  by  their  terms  which  new  bonds  shall  be  duly 
authorized  by  resolution  of  the  board  aid  shall  be  known  as  school 
funding  bonds.  The  board  may  also  issue  bords  to  be  known  as 
school  building  bonds,  for  the  purpose  of  providing  funds  for  the 
erection,  completion  or  improvement  of  school  houses,  when  author- 
ized by  the  voters  at  the  regular  meeting  or  a  special  meeting  called 
for  lhat  purpose.  Each  of  such  classes  "1" 

SEC.  2.  Money  borrowed  excluded.  That  section  twenty- 
eight  hundred  and  thirteen  of  the  code  be  amended  by  striking  there- 
from the  following:  "Or  in  an  independent  city  or  town  district  or 
[of]  any  money  borrowed  for  imprcvements  after  a  vote  thereof 
authorizing  the  same." 

Approved  April  7,  1898. 


SCHOOL  LAWS  OF  IOWA. 


OP   THE   SUPERINTENDENT   OF   PUBLIC   INSTRUCTION.       • 

SECTION  2621.  Office — records — deputy.  The  superintendent 
of  public  instruction  shall  have  an  office  in  the  capitol,  in  which 
shall  be  filed  and  kept  separately  all  papers,  reports  and  documents 
transmitted  to  him  each  year  by  the  several  county  superintendents, 
and  open  to  inspection  by  the  governor  or  a  committee  of  either 
house  of  the  general  assembly  whenever  required.  He  shall  keep 
a  record  of  all  matters  and  things  done  in  his  office,  which,  together 
with  all  other  papers  and  documents,  at  the  conclusion  of  his  term, 
shall  be  turned  over  to-  his  successor.  He  may  appoint  a  deputy, 
who  shall  qualify  in  like  manner  as  his  principal,  and  who,  in  the 
absence  or  inability  of  the  superintendent,  shall  perform  his  duties. 
[C.  73,  §§  766-7,  770,  1578;  C.  '51,  §§  416,  1078.] 

SEC.  2622.  Duties — teachers'  conventions  and  institutes. 
He  shall  be  charged  with  the  general  supervision  of  all  the  county 
superintendents  and  the  common  schools  of  the  state;  may  meet 
county  superintendents  in  convention  at  such  points  in  the  state  as 
may  be  most  suitable  for  the  purpose,  at  which  proper  steps  may  be 
taken  looking  toward  securing  a  more  uniform  and  efficient  adminis- 
tration of  the  school  laws.  He  shall  appoint,  upon  the  request  of 
county  superintendents,  the  time  and  place  for  holding  teachers' 
institutes,  such  institutes  to  be  called  when  it  is  probable  that  not 
less  than  twenty  teachers  will  be  present,  and  remain  in  session  not 
less  than  six  working  days,  of  which  time  and  place  of  meeting  he 
shall  give  notice  to  the  county  superintendent  of  the  proper  county. 
He  shall  attend  teachers'  institutes  thus  called  in  the  several  coun- 
ties of  the  state,  so  far  as  consistent  with  his  official  duties,  and 
assist  in  their  management  and  instruction.  [C.  '73,  §§  1577,  1584; 
C.'51,  §  1080.] 

SEC.  2623.  Opinions — appeals.  He  shall  render  opinions  in 
writing  upon  request  of  any  school  officer  regarding  the  school  law. 
its  administration,  and  the  duty  of  such  officer,  and  shall  determine 
all  cases  brought  before  him  on  appeal  from  the  decisions  of  the 
county  superintendents.  [C.73,  §  1577;  C.  '51,  §  1080.] 

SEC.  2624.  Publication  of  school  laws.  He  shall  every  four 
years,  if  deemed  necessary,  cause  to  be  printed  and  bound  in  cloth 
all  school  laws  in  force  up  to  that  time,  with  such  notes,  forms,  rul- 
ings and  decisions  as  may  be  of  value  in  aid  of  school  officers  in  the 

SECTION  2623.  1.  It  has  been  the  custom  for  many  years  to  answer  all  proper 
inquires,  from  whatever  source,  touching  the  construction  and  application  of  the 
school  laws. 

2.  As  all  correspondence  of  value  must  be  filed  for  preservation,  it  is  obvious 
that  a  request  to  return  a  letter  with  the  reply,  cannot  be  complied  with. 


6  SCHOOL  LAWS  OF  IOWA. 

proper  discharge  of  their  duties,  reference  being  made  to  previous 
laws  amended  or  changed,  so  as  to  indicate  the  effect  of  such  amend- 
ment or  change;  one  copy  of  which  shall  be  sent  to  each  county 
superintendent,  and  one  to  each  district  and  independent  district  in 
the  state,  to  be  distributed  by  the  several  county  superintendents. 
Volumes  bound  in  paper  covers  shall  be  furnished  to  each  school 
director,  to  be  distributed  by  the  county  superintendent,  which  shall 
be  turned  over  by  the  director  to  his  successor  in  office.  Should  he 
deem  it  unnecessar}^  at  any  time  to  prepare  a  volume  as  above  pro- 
vided, the  superintendent  may  cause  to  be  published  in  pamphlet 
form  such  amendments  to  the  school  laws  as  have  been  passed  by 
the  general  assembly,  which  shall  be  distributed  in  the  manner 
and  to  the  parties  hereinbefore  provided.  He  may  subscribe  for 
a  sufficient  number  of  copies  of  some  educational  school  paper, 
printed  and  published  in  the  state,  to  furnish  one  to  each  county 
superintendent;  but  no  paper  shall  be  selected  which  will  not  pub- 
lish each  decision  made  by  him  relating  to  the  school  law,  and  which 
he  may  regard  of  general  importance;  and  the  certificate  of  having 
thus  subscribed  shall  be  sufficient  authority  for  the  auditor  of  state 
to  issue  his  warrant  upon  the  state  treasurer  for  the  amount  of  the 
subscription.  [22  G.  A.,  ch.  59;  18  G.  A.,  ch.  150,  §§  1,  2;  C.73,  §§ 
1579,  1581.] 

SEC.  2625.  Reports.  He  shall  on  the  first  day  of  January 
report  to  the  auditor  of  state  the  number  of  persons  in  each  county 
between  the  ages  of  five  and  twenty-one  years,  and  biennially  to 
the  governor;  which  report  shall  contain  a  statement  of  the  condi- 
tion of  the  common  schools  in  the  state,  the  number  of  school  town- 
ships and  districts  therein,  number  of  independent  districts,  number 
of  teachers,  number  of  schools,  number  of  schoolhouses  and  value 
thereof,  number  of  persons  of  school  age,  number  of  scholars  in 
each  county  attending  school  the  previous  year,  number  of  books  in 
district  libraries,  the  value  of  all  apparatus  in  schools,  and  such 
other  statistical  information  as  may  be  of  public  importance,  plans 
matured  or  adopted  for  the  more  perfect  organization  and  efficiency 
of  the  common  schools ;  and  any  suggestions  he  may  deem  important, 
regarding  further  legislation,  which  will  strengthen  the  common 
schools  of  the  state.  [22  G.  A.,  ch.  82,  §  29;  C.  73,  §§  1582-3;  C.  '51, 
§  1086.] 

SEC.  2626.  Appropriations  for  institutes.  To  defray  the 
expenses  of  county  teachers'  institutes,  there  is  hereby  appropri- 
ated out  of  any  moneys  in  the  state  treasury  not  otherwise  set  apart 
a  sum  not  to  exceed  fifty  dollars  annually  for  each  institute  held  in 
each  county,  which  sum  the  superintendent  shall  receive  from  the 
state  treasurer,  upon  the  warrant  of  the  state  auditor,  to  be  issued 
to  him  upon  his  certificate;  which  amount,  when  drawn,  shall  be 
forthwith  remitted  to  the  proper  county  superintendent,  If  any 
balance  remains  of  this  sum  after  paying  the  expenses  of  the  insti- 
tute, it  shall  be  covered  into  the  county  treasury  of  the  proper 
county  and  credited  to  the  institute  fund.  [C.'73,  §  1584.] 

SEC.  2627.  Salary  and  expenses.  The  salary  of  the  superin- 
tendent of  public  instruction  shall  be  twenty-two  hundred  dollars 
per  annum,  and  that  of  his  deputy  fifteen  hundred  dollars,  to  be 
paid  monthly  upon  the  warrant  of  the  state  auditor,  and,  in  addition 
thereto,  the  state  superintendent  shall  receive  two  hundred  and 

SECTION  2625.     The  word  districts  in  line  six  means  subdistricts. 


SCHOOL  LAWS   OF   IOWA.  7 

fifty  dollars  annually,  or  so  much  thereof  as  may  be  necessary,  to 
pay  actual  traveling  expenses  incurred  in  the  performance  of  offi- 
cial duties,  to  be  allowed  upon  an  itemized  and  verified  account  filed 
with  the  state  auditor,  who  shall  draw  his  warrant  upon  the  state 
treasurer  for  the  amount  allowed.  [22  G.  A.,  ch.  109,  §  1;  21  Gr.  A., 
ch.  118,  §  5;  C.73,  §  3760.] 


OF   THE   BOARD   OF   EDUCATIONAL   EXAMINERS. 

SECTION  2628.  Members.  The  educational  board  of  examin- 
ers shall  consist  of  the  superintendent  of  public  instruction,  presi- 
dent of  the  university,  principal  of  the  normal  school,  and  two  per- 
sons to  be  appointed  by  the  governor,  one  of  whom  shall  be  a 
woman,  the  appointees  to  hold  office  for  a  term  of  four  years  and  be 
ineligible  as  his  or  her  successor,  the  superintendent  of  public 
instruction  to  be  by  virtue  of  his  office  president  of  the  board.  [19 
G.  A.,  ch.  167,  §  1.] 

SEC.  2629.  Meetings — examinations.  The  board  shall  meet 
for  the  transaction  of  business  at  such  times  and  places  as  the  pres- 
ident may  direct,  and  shall  annually  hold  at  least  two  public  exami- 
nations of  teachers,  at  which  one  member  of  the  board  shall  preside, 
assisted  by  not  more  than  two  qualified  teachers  to  be  selected  by  it. 
All  examinations  shall  be  conducted  in  accordance  with  rules  and  reg- 
ulations adopted  by  the  board,  not  inconsistent  with  the  laws  of  the 
state,  and  a  record  shall  be  kept  of  all  of  its  proceedings.  It  may  issue 
state  certificates  and  state  diplomas  to  such  teachers  as  are  found 
upon  examination  to  possess  a  good  moral  character,  thorough 
scholarship  and  knowledge  of  didactics,  with  successful  experience 
in  teaching.  The  examination  for  certificates  and  diplomas  shall 
cover  orthography,  reading,  writing,  arithmetic,  geography,  Eng- 
lish grammar,  bookkeeping,  physiology,  history  of  the  United 
States,  algebra,  botany,,  natural  philosophy,  drawing,  civil  govern- 
ment, constitution  and  laws  of  the  state,  and  didactics;  those  for 
diplomas,  in  addition  to  the  foregoing,  geometry,  trigonometry, 
chemistry,  zoology,  geology,  astronomy,  political  economy,  rhetoric, 
English  literature,  general  history,  and  such  other  studies  as  the 
board  may  require.  [Same,  §.§  2-4.] 

SEC.  2630.  Certificates  and  diplomas.  It  may  also  issue  such 
certificates  to  graduates  of  any  state  normal  school  in  the  state  pos- 
sessed of  like  qualifications,  upon  proof  of  thirty-six  weeks'  success- 
ful experience  in  teaching,  and  a  diploma  when  five  years'  such 
experience  is  shown.  It  may  also,  at  discretion,  issue  a  certificate 
or  a  diploma  to  any  one  holding  a  diploma  issued  by  a  state  normal 
school,  or  a  certificate  issued  by  a  state  superintendent  or  a  state 
board  of  education,  of  any  other  state,  when  the  same  is  in  all 
respects  of  as  high  a  grade  as  the  corresponding  certificate  or 
diploma  issued  in  Iowa,  upon  proof  of  experience  as  herein  pro- 
vided. It  may  also  issue  a  certificate  to  any  primary  school  teacher 
in  the  state  of  sufficient  experience,  and  who  shall  pass  such  exami- 
nation as  the  board  may  designate  in  branches  and  methods  which 
pertain  especially  to  that  kind  of  work.  Such  certificate  shall  be 
known  as  a  primary  teacher's  certificate,  and  shall  not  be  valid  as  a 


8  SCHOOL   LAWS   OF   IOWA. 

teacher's  certificate  for  any  other  department.  It  shall  keep  a  com- 
plete register  of  all  persons  to  whom  certificates  or  diplomas  are 
issued.  [23  G.  A.,  ch.  22.] 

SEC.  2631.  How  long  valid — revocation — fees.  A  state  cer- 
tificate shall  authorize  the  holder  to  teach  in  any  public  school  in' the 
state  for  five  years  thereafter,  and  a  diploma  shall  confer  such  author- 
ity for  life;  but  any  certificate  or  diploma  may  be  revoked  by  the  board 
for  sufficient  cause,  or  such  cause  as  would,  if  known  at  the  time, 
have  prevented  issuance  thereof,  provided  the  holder  of  such  cer- 
tificate or  diploma  shall  have  due  notice,  and  shall  be  allowed  to  be 
present  and  make  his  defense.  For  each  certificate  issued  the  appli- 
cant shall  pay  three  dollars,  and  for  each  diploma  five  dollars,  which 
may  be  required  before  the  examination  is  commenced.  If  the  appli- 
cant fails  in  the  examination,  and  the  fees  have  been  advanced,  one- 
half  of  the  sum  shall  be  returned;  all  moneys  obtained  from  this 
source  to  be  paid  into  the  state  treasury.  [19  G.  A.,  ch.  167,  §§  5,  6.] 

SEC.  2632.  Registration.  Each  holder  of  a  state  certificate  or 
diploma  shall  register  the  same  with  the  county  superintendent  of 
the  county  in  which  he  or  she  is  to  teach,  before  entering  upon  the 
work,  and  the  county  superintendent,  in  his  annual  report  to  the 
superintendent  of  public  instruction,  shall  include  therein  an  account 
thereof.  [Same,  §  7.] 

SEC.  2633.  Account  of  moneys.  The  board  shall  keep  an 
accurate  and  detailed  account  of  all  money  received  and  expended, 
which  with  a  list  of  those  receiving  certificates  or  diplomas,  shall  be 
published  by  the  superintendent  of  public  instruction  in  his  annual 
report.  [Same,  §  9.J 

SEC.  2634.  Compensation.  Each  member  of  the  board,  and  per- 
son appointed  to  assist  in  conducting  examinations,  shall  receive  for 
the  time  actually  employed  in  such  service  his  necessary  expenses, 
and  those  not  salaried  officers  shall  be  paid  in  addition  three  dollars 
a  day,  the  amount  to  be  certified  by  the  superintendent  of  public 
instruction  to  the  state  auditor,  who  shall  draw  his  warrant  upon 
the  state  treasurer  therefor;  but  the  aggregate  amount  to  be  paid  in 
any  one  year  shal  not  exceed  six  hundred  dollars.  [25  G.  A.,  ch.  36; 
19  G.  A.,  ch.  167,  §  8.] 

SECTION  2631.  The  fact  that  a  teacher  holds  a  first  class  county  certificate,  a 
state  certificate,  or  a  state  diploma,  does  not  in  any  way  exempt  him  from  the  same 
obligations  imposed  by  the  law  upon  other  teachers.  It  is  the  duty  of  all  teachers 
to  attend  the  county  normal  institute  and  to  support  the  county  superintendent 
in  all  measures  calculated  to  improve  the  schools  and  to  advance  the  interests  of 
education  in  the  county. 

SECTION  2632.  1.  The  law  requires  every  holder  of  a  state  diploma  or  state 
certificate  to  have  the  same  registered  in  the  office  of  the  county  superintendent, 
before  commencing  to  teach  in  such  county.  No  fee  is  required.  The  superin- 
tendent should  insist  on  seeing  some  official  statement  of  the  board  of  examiners, 
and  should  make  his  record  from  such  inspection. 

2.  Holders  of  state  certificates  or  diplomas  are  not  exempt  from  reporting  to 
the  county  superintendent,  or  complying  in  every  respect  with  requirements  made 
of  other  teachers,  except  as  to  examination  for  certificates. 


SCHOOL   LAWS   OF   IOWA.  9 

OF   THE   NORMAL   SCHOOL. 

SECTION  2675.  Board  of  trustees — officers.  The  normal  school 
at  Cedar  Falls,  for  the  special  instruction  and  training  of  teachers 
for  the  common  schools,  shall  be  under  the  management  and  control 
of  a  board  of  trustees,  of  which  the  superintendent  of  public  instruc- 
tion shall  be,  by  virtue  of  office,  a  member  and  president.  It  shall 
meet  annually  on  or  before  June  fifteenth,  at  the  call  of  the  presi- 
dent, and  organize  by  the  election  of  one  of  its  members  vice-presi- 
dent, and  a  secretary  and  treasurer,  neither  of  the  latter  to  be  a 
member  of  the  board.  The  treasurer  shall  give  bond  in  the  sum  of 
twenty  thousand  dollars,  with  good  and  sufficient  sureties,  to  be  filed 
with  and  approved  by  the  secretary  of  state,  which  bond  shall  be 
conditioned  for  the  safe  keeping  and  proper  disbursement  of  all 
money  coming  into  his  hands  by  virtue  of  his  office.  [16  G.  A.,  ch. 
129,  §§  1,  4.] 

SEC.  2676.  Powers  of  board — admissions — fees.  The  board 
shall  have  power  to  employ  a  sufficient  number  of  suitable  and  com- 
petent teachers  and  other  assistants;  fix  their  compensation;  make 
all  necessary  rules  and  regulations  for  the  management  of  the  school, 
the  admission  of  pupils  from  the  several  counties  in  the  state,  giving 
to  each  county  its  proper  representation  therein  in  proportion  to  the 
population  thereof,  and  to  all  teachers  in  the  state  equal  rights, 
requiring  that  each  one  received  as  a  pupil  shall  furnish  satisfactory 
evidence  of  good  moral  character  and  the  honest  intention  of  follow- 
ing the  business  .of  teaching  school  in  the  state;  and  make  such 
arrangements  as  it  may  for  the  lodging  and  boarding  of  pupils, 
which  shall  be  paid  for  by  them.  It  may  charge  a  fee  for  contin- 
gent expenses  not  to  exceed  one  dollar  monthly,  and  a  tuition  fee  of 
not  more  than  six  dollars  a  term,  if  necessary  for  the  proper  support 
of  the  institution,  and  shall  determine  what  part  of  the  year  the  school 
shall  be  open,  its  sessions  to  continue,  however,  for  at  least  twenty- 
six  weeks  of  each  year.  [17  G.  A.,  ch.  142,  §  2;  16  G.  A.,  ch.  129,  §  5.] 

SEC.  2677.  Branches  of  study.  Physiology  and  hygiene  shall 
be  included  in  the  branches  of  study  regularly  taught  to  and  studied 
by  all  pupils  in  the  school,  and  special  reference  shall  be  made  to 
the  effect  of  alcoholic  drinks,  stimulants  and  narcotics  upon  the 
human  system,  and  the  board  of  trustees  shall  provide  the  means 
for  the  enforcement  of  the  provisions  of  this  section  and  see  that 
they  are  obeyed.  [21  G.  A.,  ch.  1,  §  1.] 

SEC.  2678.  Contract  with  school  districts.  The  board  of 
trustees  may  contract  with  the  board  of  directors  of  the  school  town- 
ship or  independent  district  in  which  the  school  is  situated,  and 
those  contiguous  thereto,  for  a  period  not  exceeding  two  years  at  a 
time,  to  receive  the  pupils  thereof  into  the  normal  school  and  fur- 
nish them  with  instruction,  payment  therefor  to  be  made  out  of  the 
teachers'  fund  of  such  townships  or  districts,  which  shall  not  exceed 
fifty  cents,  weekly,  for  each  pupil;  the  contract  to  be  in  writing, 
and  a  copy  filed  with  the  county  superintendent.  [25  G.  A.,  ch.  40, 
§g  1-3.] 

SEC.  2679.  Teachers'  reports — tuition.  If  such  a  contract  is 
entered  into,  all  reports  required  by  law  to  be  made  to  the  board  of 
directors  of  such  townships  or  districts  and  the  county  superin- 
tendent, by  the  teachers  thereof,  shall  be  made  by  the  principal  of 
the  normal  school,  and  all  sums  paid  for  tuition  shall  go  to  its  con- 
tingent fund.  [Same,  §§  3,  4.] 


10  SCHOOL   LAWS   OF   IOWA. 

SEC.  2330.  Repqrt  to  governor.  The  board  shall  biennially, 
through  its  secretary,  make  a  detailed  report  to  the  governor  of  its 
proceedings  during  the  preceding  two  years,  which  report  shall 
show  the  number  of  teachers  employed,  the  compensation  of  each, 
the  number  of  pupils  and  classification,  an  itemized  statement  of 
receipts  and  expenditures,  and  such  further  information  with  such 
recommendations  as  may  be  regarded  important  to  the  interests  of 
the  institution,  and  with  reference  to  its  connection  with  the  educa- 
tional work  of  the  state.  [22  G.  A.,  ch.  64,  §  2;  16  G.  A.,  ch.  129,  §  9.J 

SEC.  2681.  Compensation  of  officers.  The  secretary  of  the 
board  shall  receive  such  compensation  as  may  be  fixed  by  it,  not 
exceeding  one  hundred  dollars  annually,  with  actual  traveling 
expenses.  The  treasurer  shall  be  allowed  only  his  actual  traveling 
expenses,  the  claim  for  which,  as  well  as  that  of  the  secretary,  to 
be  itemized  and  verified  before  it  is  allowed  and  paid  which  shall 
be  done  out  of  the  state  treasury  upon  the  warrant  of  the  state 
auditor.  [22  G.  A.,  ch.  64,  §  1;  16  G.  A.,  ch.  129,  §  2.] 

SEC.  2682.  Appropriation.  There  is  hereby  appropriated  the 
sum  of  seventeen  thousand  five  hundred  dollars  annually  as  an 
endowment  fund  for  the  payment  of  the  teachers  of  said  normal 
school,  and  the  further  sum  of  three  thousand  dollars  annually  as  a 
contingent  fund  therefor.  The  amount  herein  appropriated  shall  be 
drawn  and  paid  quarterly  on  the  first  days  of  March,  June,  Septem- 
ber and  December,  on  the  requisition  of  the  board  of  trustees  of  the 
school. 


OF   COUNTY  HIGH  SCHOOLS. 

SECTION  2728.  How  established.  Any  county  may  establish  a 
high  school  in  the  following  manner:  When  the  board  of  super- 
visors shall  be  presented  with  a  petition  signed  by  one- third  of  the 
electors  of  the  county  as  shown  by  the  returns  of  the  last  preceding 
election,  requesting  the  establishment  of  a  county  high  school  at  a 
place  in  the  county  named  therein,  it  shall  submit  the  question  at 
the  next  general  election  to  be  held  in  the  county,  or  at  a  special 
one  called  for  that  purpose,  first  giving  twenty  days'  notice  thereof 
in  one  or  more  newspapers  published  in  the  county,  if  any  be  pub- 
lished therein,  and  by  posting  such  notice,  written  or  printed,  in 
each  township  of  the  county,  at  which  election  the  vote  shall  be  by 
ballot,  for  or  against  establishing  the  high  school,  the  vote  to  be 
canvassed  in  the  same  manner  as  that  for  county  officers.  Should 
a  majority  of  all  the  votes  cast  upon  the  question  be  in  favor  of 
establishing  such  school,  the  board  of  supervisors  shall  at  once 
appoint  six  trustees,  rosidents  of  the  county,  not  more  than  two 
from  the  same  township,  who,  with  the  county  superintendent  of 
common  schools  as  president,  shall  constitute  a  board  of  trustees 
for  said  high  school.  [C.73,  §§  1697-9,  1701.] 

SEC.  2729.  Trustees — officers.  The  trustees,  within  ten  days 
after  appointment,  shall  qualify  by  taking  the  oath  of  civil  officers, 
and  giving  bond  in  such  sum  as  the  board  of  supervisors  may  require, 
with  sureties  to  be  approved  by  it,  and  shall  hold  office  until  their 
successors  are  elected  and  qualified,  who  shall  be  elected  at  the  gen- 
eral election  following.  The  trustees,  then  elected,  shall  be  divided 
into  three  classes  of  two  each,  and  hold  their  office  one,  two  and 
three  years,  respectively,  their  several  terms  to  be  decided  by  lot, 


SCHOOL   LAWS   OF   IOWA.  11 

and  thereafter  two  trustees  shall  be  annually  elected,  the  trustees- 
so  elected  to  qualify  in  the  same  manner  and  at  the  same  time  as 
other  county  officers  and  all  vacancies  occurring  to  be  filled  by 
appointment  by  the  board  of  supervisors,  the  appointee  to  hold  the 
office  until  the  next  general  election,  and  a  majority  of  which  trus- 
tees shall  constitute  a  quorum  for  the  transaction  of  business.  At 
the  first  meeting-  held  in  each  year,  the  board  shall  appoint  a  secre- 
tary and  treasurer  from  their  own  number,  who  shall  perform  the 
usual  duties  devolving  upon  like  officers.  The  treasurer,  in  addition 
to  his  bond  as  trustee,  shall  give  one  as  treasurer,  in  such  sum  and 
with  such  sureties  as  may  be  fixed  by  the  board,  and  receive  all 
moneys  from  all  sources  belonging  to  the  funds  of  the  school,  and 
pay  them  out  as  directed  by  the  board  of  trustees,  upon  orders 
drawn  by  the  president  and  countersigned  by  the  secretary;  both  of 
which  officers  shall  keep  an  accurate  account  of  all  moneys  received 
and  paid  out,  and  at  the  close  of  each  year,  and  whenever  required 
by  the  board,  shall  make  a  full  itemized  and  detailed  report.  [C.'73, 
§§  1699,  1700,  1704,  1711.1 

SEC.  2730.  Site — tax.  As  soon  as  convenient  after  the  organi- 
zation of  the  board,  it  shall  proceed  to  select  the  best  site  that  can 
be  obtained  without  expense  to  the  county,  at  the  place  named  in 
the  petition  upon  which  the  vote  was  taken,  for  the  erection  of  the 
necessary  school  buildings,  the  title  to  be  taken  in  the  name  of  the 
county,  and  shall  also  make  an  estimate  of  the  amount  of  funds 
needed  for  building  purposes,  the  payment  of  teachers '  wages  and 
contingent  expenses,  which  shall  be  presented  to  the  board  of  super- 
visors, with  a  certified  estimate  of  the  rate  of  tax  required,  which 
in  no  case  shall  exceed  in  any  one  year  five  mills  on  the  dollar  upon 
the  taxable  property  of  the  county,  and  shall  not  exceed  two  mills 
on  the  dollar  when  the  tax  is  levied  for  the  payment  of  teachers ' 
wages  and  contingent  expenses  only;  the  tax  to  be  levied  and 
collected  in  the  same  manner  as  other  county  taxes,  and  paid  over 
by  the  county  treasurer  in  the  same  manner  as  school  funds  are  paid 
to  district  treasurers.  [C.J73,  §§  1702-3,  1705.] 

SEC.  2731.  Buildings — management.  As  soon  as  it  has  pro- 
cured a  building  site  and  the  board  of  supervisors  has  levied  a  tax 
for  the  purpose,  it  shall  make  such  purchases  of  building  material, 
and  such  contracts  for  the  erection  of  school  and  appurtenant  build- 
ings as  may  be  necessary  to  effectuate  the  purposes  of  this  chapter, 
but  shall  make  no  purchases,  nor  enter  into  any  contracts  in  any 
year,  in  excess  of  the  funds  on  hand  and  to  be  raised  by  the  levy  of 
that  year.  It  shall  employ,  when  suitable  buildings  have  been  fur- 
nished, a  competent  principal  teacher  to  take  charge  of  the  school, 
and  such  assistant  teachers  as  may  be  necessary,  and  fix  the  salaries 
to  be  paid  them,  and  in  the  conduct  of  the  school  may  employ 
advanced  students  to  assist  in  the  work.  Annual  reports  shall  be 
made  -toy  the  secretary  to  the  board  of  supervisors,  which  report 
shall  give  the  number  of  students,  with  the  sex  of  each,  who  have 
been  in  attendance  during  the  year,  the  branches  taught,  the  text- 
books used,  number  of  teachers  employed,  salary  paid  to  each, 
amount  expended  for  library,  apparatus,  buildings,  and  all  other 
expenses,  the  amount  of  funds  on  hand,  debts  contracted,  and  sucli 
other  information  as  may  be  deemed  important,  and  this  report  shall 
be  printed  in  at  least  one  newspaper  in  the  county,  if  any  is  pub- 
lished therein,  and  a  copy  forwarded  to  the  superintendent  of  public 


12  SCHOOL  LAWS  OF  IOWA. 

instruction.  And  for  their  services  the  trustees  shall  each  receive 
the  sum  of  two  dollars  per  day  for  the  time  actually  employed  in  the 
discharge  of  official  duties,  claims  for  services  to  be  presented, 
audited,  and  paid  out  of  the  county  treasury,  in  the  same  manner  as 
other  accounts  against  the  county.  [C.  73,  §§  1705-6,  1710,  1712.] 

SEC.  2732.  Regulations.  The  principal  of  any  such  high 
school,  with  the  approval  of  the  board  of  trustees,  shall  make  such 
rules  and  regulations  as  is  deemed  proper  in  regard  to  the  studies, 
conduct  and  government  of  the  pupils;  and  any  pupil  who  will  not 
conform  to  and  obey  such  rules  may  be  suspended  or  expelled  there- 
from by  the  board  of  trustees.  [C.73,  §  1709.] 

SEC.  2733.  Admission.  Subject  to  such  rules  and  regulations 
as  may  be  adopted  by  the  board  of  trustees  in  regard  to  age  and 
grade  of  attainments  necessary  to  entitle  pupils  to  admission  in  the 
school,  it  shall  be  open  to  all  persons  in  the  county  without  charge 
for  tuition.  If  at  any  time  there  shall  be  more  applicants  for  admis- 
sion than  may  be  accommodated,  then  each  district  in  the  county 
shall  be  entitled  to  representation  proportioned  to  the  number  of 
pupils  which  such  district  may  have,  as  shown  by  the  last  report  to 
the  county  superintendent,  and  in  all  such  cases  the  school  boards 
of  the  respective  districts  shall  designate  the  pupils  that  may  attend. 
If  the  school  shall  not  be  filled  by  pupils  from  the  county,  others 
may  be  received,  upon  the  payment  of  such  sum  by  way  of  tuition 
as  may  be  fixed  by  the  board  of  trustees,  but  pupils  so  received  shall 
not  be  allowed  to  continue  in  the  school  to  the  exclusion  of  any  resi- 
dent of  the  county  in  which  the  school  is  situated.  [C.  73,  §§  1707-8.] 


OF   THE   COUNTY   SUPERINTENDENT. 

SECTION  2734.  Qualifications — deputy.  The  county  superin- 
tendent, who  may  be  of  either  sex,  shall  be  the  holder  of  a  first  class 
or  state  certificate  or  diploma  and,  shall  during  his  term  be  ineligi- 
ble to  the  office  of  school  director  or  member  of  the  board  of  super- 
visors. If  for  any  cause  he  is  unable  to  attend  to  his  official  duties, 
he  may  appoint  a  deputy,  who  may  act  in  his  stead,  except  in  visit- 
ing schools  and  trying  appeals.  [16  G.  A.,  ch.  136,  §  2;  0.73,  §§ 
1765,  1770;  R.,  §  2069.] 

SEC.  2735.  Duties — examinations.  He  shall  at  all  times  com- 
ply with  the  directions  of  the  superintendent  of  public  instruction  in 
all  matters  within  that  officer's  jurisdiction,  and  serve  as  the  organ  of 
communication  between  him  and  school  township,  district  or  inde- 
pendent district  authorities,  and  transmit  to  them  or  the  teachers 
thereof  all  blanks,  circulars  or  other  communications  designed  for 
them.  He  may,  at  his  discretion,  visit  the  different  schools  in  his 
county,  and  shall,  upon  the  request  of  a  majority  of  the  directors  of 

SECTION  2734.  A  deputy  of  the  county  superintendent  may  receive  such  a  rea- 
sonable allowance  for  his  services  as  the  board  of  supervisors  thinks  best.  The 
deputy  must  take  the  same  oath  as  his  principal,  must  give  a  bond,  and  both 
appointment  and  bond  must  be  approved  by  the  board  of  supervisors  before  the 
deputy  may  enter  upon  the  duties  of  his  office.  Code,  section  1186. 

SECTION  2735.  1.  The  county  attorney  is  the  legal  adviser  of  the  different 
oount»y  officers.  He  should  be  freely  consulted  on  questions  of  law  upon  which 
the  superintendent  is  in  doubt.  Section  2740.  Code,  section  302. 


SCHOOL   LAWS   OF   IOWA  13 

any  school  township,  district  or  independent  district,  visit  any  school 
therein,  at  least  once  during  its  term.  On  the  last  Friday  and  Sat- 
urday in  each  month,  he  shall  meet  and,  with  such  assistants  as  he 
may  select,  examine  all  applicants  for  a  teacher's  certificate,  and 
transact  such  other  business  as  may  come  before  him.  Such  exami- 
nation shall  be  held  at  the  county  seat  in  a  suitable  room,  which 
shall  be  provided  for  that  purpose  by  the  board  of  supervisors. 
Special  examinations  may  be  held  elsewhere  in  the  county  at  the 
discretion  of  the  county  superintendent.  Any  school  officer  or  other 
person  may  be  present  at  any  examination.  [19  G.  A.,  ch.  161,  §  2; 
17  G.  A.,  ch.  143;  C.73,  §§  1766,  1768,  1774;  R.,  §§  2066,  2068,  2073; 
C.'51,  §  1148.] 

SEC.  3736.  Subject.  The  examination  shall  include  compe- 
tency in  and  ability  to  teach  orthography,  reading,  writing,  arith- 
metic, geography,  grammar,  history  of  the  United  States,  and  phys- 
iology and  hygiene,  which  latter,  in  each  division  of  the  subject, 
shall  include  special  reference  to  effects  of  alcohol,  stimulants  and 
narcotics  upon  the  human  system.  Candidates  for  examination  in 
special  studies  need  be  examined  in  such  branches  only;  but  no 

2.  The  superintendent  in  his  visits  should  seek  to  aid,  instruct,  and  inspire 
teachers  to  the  employment  of  the  best  methods  of  teaching,  governing,  and  con- 
ducting their  schools,  and  should  try  to  secure  the  proper  classification  of  scholars, 
the  arrangement  of  courses  of  study,  and  the  care  and  protection  of  school  prop- 
erty.    He  should  study  to  awaken  among  parents  and  children  a  deeper  interest 
in  the  public  schools,   so  as    to    secure  improved  attendance,   deportment  and 
scholarship,  and  induce  more  frequent  visits  of  parents  and  school  officers.     A 
judicious  visit  from  the  superintendent  may  often  infuse  new  life  into  the  school. 

3.  The  county  superintendent  should  carefully  observe  the  condition  of  the 
schoolhouse  and  surroundings,  note  all  defects,  and  at  once  notify  the  director  or 
board  of  the  same. 

4.  There  is  no  direct  provision  of  law  for  paying  the  assistants  whom  the 
county  superintendent  may  call  to  his  aid  in  examinations.     Section  2742  gives 
boards  of  supervisors  power  to  allow  the  county  superintendent  additional  com- 
pensation for  this  and  any  other  proper  purpose. 

5.  Applications  made  at  irregular  times  should  be  rejected,   unless    good 
reasons  are  given  for  not  attending  the  regular  examinations.     The  interests  of 
the  schools  do  not  require  frequent  or  individual  examinations,  and  the  time  of 
the  superintendent  can  be  more  profitably  employed  in  other  necessary  duties. 

6.  A  certificate  may  not  be  issued  upon  an  examination  taken  in  another 
county.     In  addition  to  furnishing  any  credentials  or  other  written  evidence 
which  the  examiner  may  require,  the  applicant  must  appear  in  person. 

7.  The  examination  may  be  taken  in  parts,  at  different  times,  and  may  be  con- 
tinued until  the  record  is  made  closing  the  examination. 

8.  When  the  examination  is  completed,  and  the  record  made,  a  subsequent 
appearance  of  the  same  person  must  constitute  him,  in  a  legal  sense,  a  new  appli- 
cant.    But  until  such  record  is  closed,  the  county  superintendent  may  keep  in 
abeyance  the  matter  of  decision  upon  the  applicant,  and  allow  such  applicant 
longer  time  and  greater  opportunities  without  requiring  an  additional  payment. 

SECTION  2736.  1.  Written  examinations  afford  a  good  test  of  scholarship,  and 
furnish  the  basis  of  a  permanent  record.  The  examination  should  be  thorough, 
to  determine  the  attainments  of  the  applicant  in  the  branches  he  is  to  teach. 

2.  It  is  usually  desirable  that  some  work  of  every  applicant  shall  be  filed  with 
the  county  superintendent,  as  a  record  which  will  serve  to  prove  for  the  candi- 
date that  he  received  his  certificate  upon  merit. 


14  SCHOOL   LAWS    OP   IOWA. 

-special  teacher  shall  be  employed  to  teach  any  study  not  included 
in  the  certificate.  A  record  shall  be  kept  of  all  examinations  made, 
and  the  names,  ages  and  residence  of  the  applicants,  with  the  date  and 
result  thereof.  [21  G.  A.,  ch.  1,  §§  1,  3;  17  G.  A.,  ch.  143;  C.  73,  §§ 
1766,  1768;  R.,  g§  2066,  2068;  C.  '51,  §  1148.] 

SEC.  2737.  Certificate — revocation.  If  the  examination  is 
satisfactory,  and  the  applicant  is  of  good  moral  character,  of  which 
fact  the  superintendent  shall  require  proof  unless  he  has  a  personal 
knowledge  thereof,  and  is  in  all  other  respects  possessed  of  the  nec- 
essary qualifications  as  an  instructor,  a  certificate  to  that  effect  shall 
issue  for  a  term  not  to  exceed  one  year.  But  to  applicants  passing  an 

3.  Success  in  teaching  the  different  branches  may  be  best  determined  by 
.actual  observation  of  the  teacher's  work  in  his  school.     Quite  often  a  searching 
and  skillfully  conducted  oral  examination  in  methods  will  test  the  applicant's 
ability  to  instruct. 

4.  It  is  the  intention  of  the  law  that  the  study  of  physiology  and  hygiene  with 
special  reference  to  the  effects  of  alcoholic  stimulants,  narcotics,  and  poisonous 
.substances,  shall  have  at  least  equal  rank  with  and  be  considered  of  as  great 
importance  as  other  branches  of  study. 

5.  If  it  is  desired  that  branches  additional  to  those  included  in  the  usual 
•certificate  shall  be  taught,  such  fact  should  be  mentioned  as  a  part  of  the  con- 
tract, and  the  teacher  is  required  to  have  the  certificate  for  such  additional 
branch  or  branches,  before  beginning  to  teach. 

6.  As  no  person  may  give  instruction  in  any  study  for  which  such  person  does 
not  hold  a  valid  certificate,  every  certificate  should  not  fail  to  enumerate  tne 
branches  or  subjects  which  the  holder  is  qualified  to  teach. 

7.  The  examination  manuscripts  of  applicants  are  for  the  information  and 
.special  use  of  the  county  superintendent  and  do  not  become  a  part  of  the  public 
records  of  the  office.     Candidates  may  not  demand,  as  a  right,  the  privilege  of 
inspecting  their  markings.     Decisions,  42. 

8.  The  record  required  by  this  section  should  be  carefully  made,  as  the 
items  form  a  parb  of  the  county  superintendent's  annual  report  to  the  superin- 
tendent of  public  instruction. 

SECTION  2737.  1.  County  superintendents  should  remember  that  they  are  to 
inquire,  not  only  into  the  literary  qualifications  of  the  applicant,  but  they  must 
also  certify  that  they  are  satisfied  that  the  applicant  possesses  a  good  moral 
character,  and  the  essential  qualifications  for  governing  and  instructing  children 
-and  youth.  Forms  1,  2,  and  3. 

2.  Scholarship,  good  moral  character,  ability  to  govern,  aptness  to  teach,  our 
law  requires  all  these  qualifications  in  those  to  whom  are  intrusted  the  highest 
interests  of  the  state,  the  education  of  its  youth. 

3.  Applicants  may  be  required  to  present  such  evidences  of  good  moral  char- 
.acter  as  the  county  superintendent  shall  demand.     The  superintendent  should  be 
fully  satisfied  in  every  particular  mentioned  in  the  law,  before  issuing  the  certifi- 
•cate.     Decisions,  42.     Forms  1,  2,  and  3. 

4.  The  examination  papers  of  applicants  for  certificates  d-nd  any  testimonials 
with  regard  to  the  moral  character  of  an  applicant  belong  to  the  county  superin- 
tendent individually  and  are  for  his  guidance  alone.     They  do  not  become  a  part 
•of  the  official  records  of  the  county  superintendent's  office.     Note  7  to  section  2736. 

5.  The  county  superintendent  is  sole  judge  of  the  manner  and  extent  of  the 
examination  he  will  require  of  applicants  for  certificates  to  teach  in  his  county. 
•62  Iowa,  111.     Decisions,  42. 

6.  Unless  the  county  superintendent  is  fully  satisfied  in  all  respects  it  is  his 
plain  duty  to  refuse  to  grant  a  certificate.     The  matter  calls  for  the  exercise  of  a 


SCHOOL   LAWS   OP   IOWA.  15 

-examination  in  the  following  additional  branches:  didactics,  elemen- 
ary  civics,  elementary  algebra,  elements  of  physics,  and  elementary 
economics,  a  certificate  shall  issue  for  a  term  of  two  years,  upon 
proof  of  thirty-six  weeks'  successful  experience  in  teaching.  A  cer- 
tificate must  be  revoked  at  any  time,  for  any  cause  which  would 
have  justified  a  refusal  to  grant  the  same,  after  an  investigation  of 
the  facts,  of  which  the  teacher  shall  have  personal  notice  and  an 
opportunity  to  be  present  and  make  defense.  The  superintendent 
shall  revoke  the  certificate  of  any  -teacher  who  shall  fail  or  neglect 
to  comply  with  the  provisions  of  law  relating  to  the  teaching  of 
physiology  and  hygiene,  and  such  teacher  shall  be  disqualified  for 

careful  discretion,  as  the  moral  character  of  the  teacher  and  his  influence  over 
his  school  is  of  greater  importance  than  even  his  literary  qualifications. 

7.  As  an  almost  exceptional  responsibility  is  placed  upon  the  county  superin- 
tendent by  the  law,  it  is  expected  that  an  applicant  for  a  certificate  will  comply 
cheerfully  with    all    reasonable  and   uniform  requirements,  and  that  he  will 
improve  every  opportunity  to  satisfy  that  officer  as  readily  and  fully  as  possible 
as  to  the  character  and  essential  qualifications  of  the  applicant.     A  disposition 
to  be  mutually  helpful  will  not  fail  to  be  an  advantage  to  both  the  county  superin- 
tendent and  the  teacher. 

8.  There  is  no  provision  for  the  renewal  or  indorsement  of  a  certificate. 

9.  By  section  2738  the  institute  fund  is  entitled  to  two  dollars  from  every  one 
receiving  a  two  years'  certificate,  and  one  dollar  from  every  other  applicant. 

10.  There  is  no  provision  of  law  for  a  so-called  permit  to  teach.     A  county 
superintendent  may  give  no  other  authority  than  a  certificate. 

11.  After  ascertaining  the  general  attainments  of  a  teacher,  inspection  of  his 
school  work  should  determine  largely  the  grade  of  certificate. 

12.  A  county  superintendent  is  justified  in  refusing  a  certificate  to  an  appli- 
cant who  is  in  any  way  physically  disqualified  to  govern  and  instruct  children 
and  youth. 

13.  For  many  years  county  superintendents  have  been  limited  as  to  the  mini- 
mum age  of  those  receiving  certificates.     The  restriction  gives  quite  universal 
satisfaction.     It  is  believed  that  in  general,  boys  under  nineteen,  and  girls  under 
seventeen  years  of  age,  may  not  be  expected  to  possess  that  maturity  of  mind 
and  strength  of  character  needed  to  manage  a  school  successfully,  and  to.  deter- 
mine wisely  the  many  questions  daily  demanding  an  answer  from  the  teacher. 

14.  A  county  superintendent  may  fix  a  different  minimum  age  not  lower  than 
that  determined  by  the  superintendent  of  public  instruction,  and  may  refuse  to 
grant  a  certificate  to  any  one  below  such  minimum  age.     This  regulation  will,  of 
course,  refer  to  all  applicants  of  a  given  class,  in  that  county. 

15.  The  restriction  regarding  the  minimum  age  of  those  who  may  receive 
certificates  is  binding  alike  on  all  county  superintendents.     To  make  an  exception 
is  partiality,  besides  being  unfair  to  the  very  large  number  who  cheerfully  abide 
by  the  regulation.     The  rule  may  seem  to  apply  with  severity  in  some  individual 
instances,  but  to  conform  to  the  requirement  will  save  a  county  superintendent 
much  subsequent  difficulty. 

16.  A  county  superintendent  may  not  refuse  a  certificate  for  the  single  reason 
that  the  applicant  did  not  attend  the  normal  institute.     But  in  estimating  the 
qualifications  of  an  applicant,  the  county  superintendent  may  give  such  credit  for 
attendance  and  good  work  done  at  the  institute  as  seems  to  him  best. 

17.  It  is  an  excellent  practice  to  give  credit  for  attendance  and  good  work  at 
the  annual  county  institute.     This  credit  may  be  given  in  the  form  of  a  special 
mention,  or  as  an  addition  to  the  general  average. 

18.  Any  plan  that  would  seem  to  indicate  detracting  from  the  ability  of  the 
applicant  is  objectionable,  but  to  magnify  the  value  of  presence  and  activity  in 


16  SCHOOL   LAWS   OF   IOWA. 

teaching  in  any  public  school  for  one  year  thereafter.  [26  G.  A. , 
ch.  39;  21  G.  A.,  ch.  1,  §  3;  C.  73,  §§  1767,  1771;  R.,  §§  2067,  2070.] 
SEC.  2738.  Normal  institute.  The  county  superintendent 
shall  hold,  annually,  a  normal  institute  for  the  instruction  of  teach- 
ers and  those  who  may  desire  to  teach,  and,  with  the  concurrence  of 
the  superintendent  of  public  instruction,  procure  such  assistance  as 
may  be  necessary  to  conduct  the  same,  at  such  time  as  the  schools 
in  the  county  are  generally  closed.  To  defray  the  expenses  of  said 
institute,  he  shall  require  the  payment  of  a  registration  fee  of  one 
dollar  from  each  person  attending  the  normal  institutes,  and  the  pay- 
ment in  all  cases  of  one  dollar  from  every  applicant  for  a  certificate: 
provided  that,  if  the  applicant  is  granted  a  two-years'  certificate,  he 
shall  pay  one  dollar  additional.  He  shall  monthly,  and  at  the  close 
of  each  institute,  transmit  to  the  county  treasurer  all  moneys  so 
received,  including  the  state  appropriation  for  institutes,  to  be  desig- 
nated the  "institute  fund,"  together  with  a  report  of  the  name  of 
each  person  so  contributing,  and  the  amount.  The  board  of  super- 
visors may  appropriate  out  of  the  general  fund  such  additional  sum 

the  work  of  the  institute  is  to  be  commended.  There  is  a  very  general  sentiment 
favoring  the  employment  of  teachers  who  avail  themselves  of  every  such  means 
of  improvement  and  professional  advancement. 

19.  The  certificate  of  the  teacher  may  not  be  addressed  to  a  particular  board 
of  directors,  nor  be  confined  in  its  application  to  one  school  or  grade  of  schools. 
The  teacher  holding  a  certificate  may  be  employed  by  any  board  of  directors,  and 
no  board  may  discredit  such  certificate  by  refusing  to  accept  it  to  the  full  extent 
to  which  it  is  valid. 

20.  A  teacher's  certificate  must  be  valid  for  any  school  in  the  county.     A 
county  superintendent  may  not  specify  in  connection  with  a  certificate  issued 
what  school  the  person  shall  teach.     In  general  any  condition  imposed  must 
apply  also  to  every  other  applicant  of  the  same  class. 

21.  The  notice  should  contain  an  explicit  statement  of  the  charges  against 
which  the  teacher  is  expected  to  make  his  defense. 

22.  A  copy  of  the  revocation  should  be  transmitted  to  the  secretary  of  each 
district,  and  the  secretary  should  immediately  notify  the  board  of  the  fact.     The 
teache.r  should  also  be  served  with  a  copy.     Form  4. 

23.  Any  person  aggrieved  by  an  action  of  the  county  superintendent  in  refus- 
ing to  grant  a  certificate  or  in  revoking  the  same,  may  apply  to  him  for  a  rehear- 
ing, the  proceedings  to  correspond  as  nearly  as  possible  to  the  proceedings  in  the 
case  of  an  appeal  from  a  board  of  directors.     If  any  party  is  aggrieved  by  the 
result  of  this  investigation,  an  appeal  may  be  taken  therefrom  to  the  superintend- 
ent of  public  instruction. 

24.  Though  an  appeal  will  lie  in  such  cases,  the  discretion  of  a  county  super- 
intendent in  refusing  or  revoking  a  teacher's  certificate  will  not  be  interfered  with 
by  the  superintendent  of  public  instruction,  unless  it  is  clearly  shown  that  the 
county  superintendent  violated  law  or  abused  discretion.     Decisions,  42  and  70. 

25.  The  same  weight  which  county  superintendents  are  required  to  accord  to 
discretionary  acts  of  boards  will  be  given  by  this  department  to  the  discretion  of 
county  superintendents  in  granting,  refusing,  or  revoking  certificates,  and  in 
granting  or  refusing  to  grant  a  rehearing  in  ordinary  cases  of  appeal.  Decisions,  58. 

SECTION  2738.  1.  The  normal  institute  must  be  held  when  the  public  schools 
are  mostly  closed.  Section  2773  provides  that  no  school  may  be  in  session  during 
a  teachers 'institute,  except  by  written  permission  of  the  county  superintendent. 

2.  County  superintendents  will  determine  the  time  and  place,  and  suggest 
the  names  of  conductor  and  instructors  for  approval.  Form  5. 


OF  TJJK 

^N  *J         SCHOOL  LAWS   OF  IOWA  17 

^2^  C  A  LI  FQfrS^^ 

as  it  Wayniid  necessary  for  the  further  support  of  such  institute. 
All  disbursements  of  the  institute  fund  shall  be  upon  the  order  of 
the  county  superintendent,  and  no  order  shall  be  drawn  except  for 
bills  presented  to  and  approved  by  him  for  services  rendered  or 
expenses  incurred  in  connection  with  the  institute.  [17  G.  A.,  ch. 
54;  15  G.  A.,  ch.  57;  C.  73,  §  1769.] 

SEC.  2739.  Reports.  The  county  superintendent  shall  annu- 
ally, on  the  first  Tuesday  in  October,  make  a  report  to  the  superin- 
tendent of  public  instruction,  giving  a  full  abstract  of  the  several 
reports  made  to  him  by  the  secretaries  and  treasurers  of  school 

3.  The  length  of  time  during  which  the  normal  institute  shall  remain  in  ses- 
sion is  left  to  the  discretion  of  the  county  superintendent.     This  will  depend 
largely  upon  the  amount  of  the  institute  fund. 

4.  Young  and  inexperienced  teachers  will  not  expect  to  receive  certificates, 
unless  of  the  lowest  grade,  without  regularly  attending  the  normal  institute.     By 
means  of  the  large  fund  and  the  length  of  time  this  institute  may  remain  in  ses- 
sion, it  can,  if  the  proper  means  are  employed,  be  rendered  invaluable  to  teachers. 
The  benefits  they  will  receive  should  secure  voluntary  and  general  attendance. 

5.  A  conductor  of  successful  experience  in  institute  work,  able  to  give  plain, 
practical  instruction  in  methods  of  school  organization,  government  and  teaching, 
should  be  secured  early.    The  other  instructors  should  be  superior  teachers  of 
recent  experience,  and  usually  one  or  more  lady  teachers  should  be  employed. 

6.  County  superintendents  should  have  sufficient  evidence  of  the  abilities  oi 
their  instructors  before  engaging    them.     In    all    cases  where    strangers    are 
employed,  references  should  be  required,  and  inquiries  made  at  the  state  depart- 
ment will  frequently  secure  the  proper  knowledge. 

7.  The  superintendent  should  be  director,  assuming  the  general  oversight 
and  direction  of  the  institute,  but  should  not  act  as  conductor.     He  is  entitled  to 
his  per  diem  for  any  service  in  connection  with  the  institute,  as  for  ojbher  official 
duties,  but  receives  no  part  of  the  institute  fund. 

8.  These  normal  institutes  are  short  training  schools;  their  object  is  to  reach 
and  correct  the  greatest  defects  found  in  the  schools.     The  superintendent  in 
risiting  schools  should  seek  to  discover  the  most  prominent  defects  and  wants  in 
the  methods  of  instruction.     The  normal  institute  will  afford  effective  means  of 
reaching  and  correcting  these  faults.     The  great  object  is  to  instruct  teachers 
how  to  teach  children. 

9.  In  normal  institutes,  efficient  and  earnest  instructors  should  be  employed. 
Charts  and  other  appliances  should  be  amply  provided.     Physicians  and  scientists 
may  be  invited  to  lecture,  and  teachers  should  be  exhorted  to  be  sincere,  fearless, 
and  faithful  in  the  discharge  of  their  duty. 

10.  It  is  apparent  that  the  registration  fee  may  not  be  collected  from  any  one 
not  attending  the  normal  institute. 

11.  The  reports  and  payments  to  the  county  treasurer  should  be  made  the  first 
•f  each  month,  and  at  the  end  of  the  institute.     Forms  6,  7,  8,  and  9. 

12.  It  is  the  duty  of  the  board  of  supervisors,  at  the  close  of  his  term  of  office, 
to  settle  with  the  county  superintendent,  as  with  other  county  officers,  according 
to  the  provisions  of  the  law. 

SECTION  2739.  1.  The  blanks  for  the  annual  report  of  the  county  superin- 
tendent, together  with  instructions  for  making  the  report,  are  furnished  by  the 
•uperintendent  of  public  instruction. 

2.     The  superintendent  may  test  the  accuracy  of  the  treasurers'  reports  by 
consulting  the  books  of  the  county  treasurer.     The  amount  of  the  several  funds 
reported  received  from  the  district  tax,  also  the  amount  received  from  the  semi- 
manual  apportionments,  must  agree  with  the  county  treasurer's  receipts. 
2 


18  SCHOOL  LAWS  OP  IOWA. 

boards,  stating  the  manner  in  and  extent  to  which  the  requirements 
of  the  law  regarding  instruction  in  physiology  and  hygiene  are 
observed,  and  such  other  matters  as  he  may  be  directed  by  the  state 
superintendent  to  include  therein,  or  he  may  think  important  in 
showing  the  actual  condition  of  the  schools  in  his  county.  At  the 
came  time,  he  shall  file  with  the  county  auditor  a  statement  of  the 
number  of  persons  of  school  age  in  each  school  township  and  inde- 
pendent district  in  the  county.  He  shall  also  report,  as  provided  by 
law,  to  the  superintendent  of  the  college  for  the  blind,  the  name, 
age,  residence  and  postoffice  address  of  every  person,  resident  of 
the  county,  so  blind  as  to  be  unable  to  acquire  an  education  in  the 
common  schools;  to  the  superintendent  of  the  institution  for  the  deaf 
and  dumb,  with  the  same  detail,  all  persons  of  school  age  whose 
faculties  in  respect  to  hearing  or  speaking  are  so  deficient  as  to  pre- 
vent them  from  acquiring  an  education  in  such  schools;  and  to  the 
institution  for  the  feeble  minded,  all  persons  of  like  age  who,  because 
of  mental  defects,  are  entitled  to  admission  therein.  [21  G.  A.,  ch. 
1,  §  2;  C.73,  §§1771,  1772;  R.,  §  2070.] 

SEC.  2740.  Enforcing  laws.  The  county  superintendent  shall 
nee  that  all  provisions  of  the  school  law,  so  far  as  it  relates  to  the 
schools  or  school  officers  within  his  county,  are  observed  and 
enforced,  specially  those  relating  to  the  fencing  of  schoolhouse 
grounds  with  barb  wire,  and  the  introduction  and  teaching  of  such 
divisions  of  physiology  and  hygiene  as  relate  to  the  effects  of  alco- 
hol, stimulants  and  narcotics  upon  the  human  system,  and  to  this 
end  he  may  require  the  assistance  of  the  county  attorney,  who  shall 
at  his  request  bring  any  action  necessary  to  enforce  the  law  or 
recover  penalties  incurred.  [21  G.  A. ,  ch.  1,  §  2 ;  20  G.  A. ,  ch.  103,  §  2.  J 

SEC.  2741.  Penalty.  Should  he  fail  to  mike  the  report  herein 
required  -of  him  to  the  superintendent  of  public  instruction  or  the 
county  auditor,  he  shall  forfeit  to  the  school  fund  of  his  county  the 
sum  of  fifty  dollars,  to  be  recovered  in  an  action  brought  by  the  county 
for  the  use  of  the  school  fund,  and  in  addition  shall  be  liable  for  all 
damages  occasioned  thereby.  [C.73,  §  1773;  R.,  §  2072.] 

SEC.  2742.  Compensation-.  He  shall  receive  four  dollars  per 
day  for  the  time  actually  engaged  in  the  performance  of  his  duties, 
the  expenses  of  necessary  office  stationery  and  postage,  and  those 
incurred  in  attendance  upon  meetings  called  by  the  superintendent 

3.  All  errors  should  be  corrected.     The  amounts  reported  on  hand  in  the  last 
report  from  the  district  treasurer  should  the  following  year  always  be  reported 
as  the  amounts  on  hand  at  last  report. 

4.  The  abstract  of  the  enumeration  of  children  in  each  district  should  be 
made  with  special  care,  complete  and  accurate,  otherwise  the  county  will  not 
obtain  its  just  proportion  of  the  income  of  the  permanent  school  fund. 

5.  Should  the  district  secretaries  or  treasurers  fail  to  make  their  reports  in 
time,  the  superintendent  should  take  prompt  measures  to  secure  them,  going  after 
them  if  necessary. 

6.  The  blanks  for  the  reports  to  the  different  institutions  should  be  furnished 
by  the  superintendents  in  charge  of  such  institutions. 

SECTION  2742.  1.  The  board  of  supervisors  shall  furnish  the  county  superin- 
tendent with  an  office  at  the  county  seat,  together  with  fuel,  lights,  blanks,  books 
Mid  stationery  necessary  and  proper  to  enable  him  to  discharge  the  duties  of  hia 
Office,  but  in  no  case  shall  such  officer  be  permitted  to  occupy  an  office  also  ocou- 
•pled  by  a  practicing  attorney.  Code,  section  468. 


SCHOOL  LAWS  OF   IOWA.  19 

of  public  instruction;  claims  therefor  to  be  made  by  verified  state- 
ments filed  with  the  county  auditor,  who  shall  draw  his  warrant  upon 
the  county  treasurer  therefor;  and  the  board  of  supervisors  may 
allow  him  such  further  sum  by  way  of  compensation  as  may  be  just 
and  proper.  [19  G.  A.,  ch.  161,  §  1;  G.73,  §  1776;  R.,  §  2074.] 

OF  THE  SYSTEM  OF  COMMON  SCHOOLS. 

SECTION  2743.  School  districts — corporate  powers.  Each 
school  district  now  existing  shall  continue  a  body  politic  as  a  school 
corporation,  unless  hereafter  changed  as  provided  by  law,  and  as 
such  may  sue  and  be  sued,  hold  property,  and  exercise  all  the  pow- 
ers granted  by  law,  and  shall  have  exclusive  jurisdiction  in  all 
school  matters  over  the  territory  therein  contained.  [C.  '73,  §§  1713, 
1716;  R.,  §§  2022,  2026;  C. '51,  §  1108.] 

SEC.  2744.  Names.  District  townships  now  existing  shall 
hereafter  be  called  school  townships,  subdivisions  of  which  shall  be 
called  subdistricts.  School  corporations  shall  be  designated  as  fol- 
lows: The  school  township  of  (naming  civil  township),  in  the  county 
of  (naming  county),  state  of  Iowa;  or,  the  independent  school  dis- 
trict of  (naming  city  or  incorporated  town,  and  if  there  are  two  or 
more  districts  therein,  including  some  appropriate  name  or  num- 
ber), in  the  county  of  (naming  county),  state  of  Iowa;  or,  the  rural 
independent  school  district  of  (some  appropriate  name  or  number), 
township  of  (naming  township),  in  the  county  of  (naming  county), 
state  of  Iowa.  [C.73,  §  1716;  R.,  §  2026;  C.'51,  §  1108.] 

2.  The  board  of  supervisors  may  not  limit  the  county  superintendent  as  to  the 
number  of  days  he  shall  give  to  his  work,  in  order  to  comply  with  his  oath  ol 
office.     Having  filed  his  sworn  statement  in  the  form  prescribed  by  the  board,  ho 
is  entitled  to  his  per  diem  for  time  actually  employed.     If  he  has  filed  a  false 
statement  he  may  be  tried  for  maladministration  in  office.     Code,  section  1251. 

3.  It  is  the  intention  of  the  law  that  each  county  superintendent  shall  deter- 
mine the  time  necessary  to  be  employed  in  the  duties  of  his  office,  and  the  division 
of  labor  to  be  made.     Of  course,  specific  duties  are  required,  such  as  making  cer- 
tain reports  at  times  designated,  visiting  a  school  if  requested  by  the  board,  and 
that  he  shall  conform  to  instructions  from  the  superintendent  of  public  instruc- 
tion.    But  in  general,  he  is  to  decide  for  himself,  as  indicated  in  his  oath  of  office, 
what  means  will  best  advance  the  work  in  his  county. 

SECTION  2743.  1.  In  boundaries,  school  townships  usually  coincide  with  civil 
townships. 

2.  Section  3936,  Code,  provides  that  a  municipal  or  political  corporation  shall 
not  be  garnished.     However,  the  corporation  may  waive  exemption  from  this 
process.    25  Iowa,  315. 

3.  The  policy  of  our  law  is,  that  the  territory  once  organized  for  school  pur- 
poses must  always  remain  within  some  jurisdiction,  and  that  it  may  not  be 
detached  from  the  jurisdiction  to  which  it  belongs  without  at  the  same  time 
becoming  a  separate  jurisdiction  or  a  part  of  another  jurisdiction  for  school  pur- 
poses.    82  Iowa,  10.     Decisions,  28  and  57. 

SECTION  2744.  1.  A  subdistrict  is  not  a  corporation,  and  hence  can  neither 
hold  property  nor  perform  any  corporate  act.  Decisions,  11. 

2.  In  suits,  contracts,  and  conveyances,  the  corporate  name  should  be  strictly 
observed. 

3.  At  their  annual  meeting,  the  electors  of  any  rural  independent  school  dia- 
fcrict  may  vote  by  ballot  to  change  the  name  of  the  district,  and  the  board  will  b^ 
guided  by  this  expressed  wish. 


20  SCHOOL  LAWS   OP  IOWA. 

SEC.  2746.  Directors.  The  affairs  of  each  school  corporation 
shall  be  conducted  by  a  board  of  directors,  the  members  of  which  in 
all  independent  school  districts  shall  be  chosen  for  a  term  of  three 
years,  and  in  all  subdistricts  of  school  townships  for  a  term  of  one 
year.  [26  G.  A.,  ch.  40;  18  G.  A.,  ch.  143;  17  G.  A.,  ch.  113;  15  G. 
A.,  ch.  27;  C.  73,  §  1802;  R,  §§  2099,  2100,  2106.] 

SEC.  2746.  Annual  meeting  of  corporation.  A  meeting  of 
the  voters  of  each  school  corporation  shall  be  held  annually  on  the 
second  Monday  in  March  for  the  transaction  of  the  business  thereof. 
Notice  in  writing  of  the  place,  day,  and  hours  during  which  the 
meeting  will  be  in  session,  specifying  the  number  of  directors  to  be 
elected,  and  the  terms  thereof,  and  such  propositions  as  will  be  sub- 
mitted to  and  be  determined  by  the  voters,  shall  be  posted  by  the 
secretary  of  the  board  in  at  least  five  public  places 'in  said  corpora- 
tion, for  not  less  than  ten  days  next  preceding  the  day  of  the  meet- 
ing. The  president  and  secretary  of  the  board,  with  one  of  the 
directors,  shall  act  as  judges  of  the  election.  If  any  judge  of  elec- 
tion is  absent  at  the  organization  of  the  me'eting,  the  voters  present 
shall  appoint  one  of  their  number  to  act  in  his  stead.  The  judges 
of  election  shall  issue  certificates  to  the  directors  elected.  [19  G. 
A.,  ch.  51;  18  G.  A.,  ch.  7,  §  1;  18  G.  A.,  ch.  63;  C.73,  §§  1717,  1719; 
R.,  §§  2027-8,  2031,  2033;  C. '51,  §§  1111,  1114-15.] 

SEC.  2747.  Electors.  To  havs  the  right  to  vote  at  a  school 
meeting  a  person  must  have  the  same  qualifications  as  for  voting  at 
a  general  election,  and  must  be  at  the  time  an  actual  resident  of  the 
corporation  or  subdistrict.  In  any  election  hereafter  held  in  any 
school  corporation  for  the  purpose  of  issuing  bonds  for  school  pur- 
poses or  for  increasing  the  tax  levy,  the  right  of  any  citizen  to  vote 
shall  not  be  denied  or  abridged  on  account  of  sex,  and  women  may 
vote  at  such  elections  the  same  as  men,  under  the  same  restrictions 
and  qualifications,  so  far  as  applicable.  [25  G.  A.,  ch.  39.] 

SECTION  2746.  1.  The  meeting  cannot  be  adjourned  to  another  day,  and  must 
be  held  at  the  time  and  in  the  manner  directed  by  the  law. 

2.  Ten  days'  previous  notice  should  be  given  by  the  district  secretary,  but  as 
the  law  fixes  the  day  of  the  meeting,  a  failure  to  give  full  notice,  or  any  notice  at 
all,  though  a  violation  of  law,  will  not  invalidate  the  proceedings  of  the  meeting, 
if  one  is  held  at  the  usual  time  and  place.     10  Iowa,  212.     Form  10. 

3.  The  president,  and  secretary,  with  a  director,  are  the  regular  officers  of 
this  meeting,  and  should  act  as  such  if  present.     Form  12. 

4.  It  is  essential  that  the  secretary  make  a  full  and  accurate  record  of  the 
proceedings,  which  should  be  submitted  to  the  president  for  his  approval  at  the 
close  of  the  meeting,  and  afterwards  recorded  in  the  district  records.     Form  11. 

5.  In  any  district  of  5,000  or  more  the  polls  must  be  open  from  nine  A.  M.  to 
ieven  P.  M.;  in  all  independent  school  districts  of  less  than  5,000,  the  polls  must 
open  atone  P.  M.,  and  remain  open  at  least  five  hours;  in  all  other  independent 
districts  and  in  school  townships  the  polls  must  open  at  one  P.  M.,  and  remain 
open  not  less  than  two  hours.    Section  2754. 

SECTION  2747.  1.  To  be  entitled  to  the  right  of  suffrage  a  person  must  be  a 
male  citizen  of  the  United  States,  twenty-one  years  of  age,  a  resident  of  the  state 
six  months  next  preceding  the  election,  and  of  the  county  sixty  days.  Constitu- 
tion, article  2,  section  1.  69  Iowa,  368  and  75  Iowa,  220. 

2.  The  declaration  of  intentions  by  one  who  expects  to  become  fully  natural- 
ized, does  not  entitle  such  person  to  vote.  In  some  states  this  is  a  fact,  but  in 
Iowa  what  is  called  second  papers  must  be  taken  out;  that  is,  an  elector  must  be 


SCHOOL  LAWS  OF  IOWA.  21 

SEC.  2748.  Officers — qualifications.  A  school  officer  or  mem- 
ber of  the  board  may  be  of  either  sex,  and  must  at  the  time  of  elec- 
tion or  appointment  be  a  citizen  and  a  resident  of  the  corporation  or 
subdistrict,  and  over  twenty-one  years  of  age,  and,  if  a  man,  he  must 
be  a  qualified  voter  of  the  corporation  or  subdistrict.  [16  G.  A., 
ch.  136.  J 

SEC.  2749.  Powers.  The  voters  assembled  at  the  annual  meet- 
ing shall  have  power: 

1.  To  direct  a  change  of  text-books  regularly  adopted; 

2.  To  direct  the  sale  or  make  other  disposition  of  any  school- 
Ixouse  or  site  or  other  property  belonging  to  the  corporation,  and 
the  application  to  be  made  of  the  proceeds  of  such  sale; 

3.  To  determine  upon  added  branches  that  shall  be  taught,  but 
instruction  in  all  branches  except  foreign  languages   shall  be  in 
English; 

4.  To  instruct  the  board  that  school  buildings  may  or  may  not 
be  used  for  meetings  of  public  interest; 

5.  To  direct  the  transfer  of  any  surplus  in  the  schoolhouse  fund 
to  the  teachers'  or  contingent  fund; 

6.  To  authorize  the  board  to  obtain,  at  the  expense  of  the  cor- 
poration, roads  for  proper  access  to  its  schoolhouses; 

7.  To  vote  a  schoolhouse  tax,  not  exceeding  ten  mills  on  the 
dollar  in  any  one  year,  for  the  purchase  of  grounds,  construction  of 
schoolhouses,  the  payment  of  debts  contracted 'for  the  erection  of 
schoolhouses,  not  including  interest  on  bonds,  procuring  libraries 
for  and  opening  roads  to  schoolhouses. 

The  board  may,  or,  upon  the  written  request  of  five  voters  of  any 
rural  independent  district,  or  of  ten  voters  of  any  school  township, 
or  of  twenty-five  voters  of  any  city  or  town  independent  district 
having  a  population  of  five  thousand  or  less,  or  of  fifty  voters  of 
any  other  city  or  town  independent  district,  shall,  provide  in  the 
notice  for  the  annual  meeting  for  submitting  any  proposition 
authorized  by  law  to  the  voters.  All  propositions  shall  be  voted 
upon  by  ballot  in  substantially  the  following  form:  "Shall  a  change 
of  text-books  be  directed?"  (or  other  question  as  the  case  may  be); 

either  a  native  born  citizen,  or  a  naturalized  citizen,  must  be  a  male,  and  not  dis- 
franchised in  any  way  mentioned  by  the  law. 

3.  The  law  confers  upon  women  the  right  to  vote  upon  only  the  matters  dis- 
tinctly mentioned.     They  may  participate  in  a  vote  on  issuing  bonds  for  school 
purposes,  or  a  vote  for  the  purpose  of  increasing  the  tax  levy.     But  they  may  not 
vote  for  members  of  the  board  nor  upon  any  other  matter  than  as  mentioned. 

4.  A  separate  ballot  box  must  be  provided  for  the  ballots  cast  by  women,  and 
a  separate  canvass  made  of  their  votes.     Code,  section  1131. 

SECTION  2748.  1.  No  person  shall  be  deemed  ineligible  by  reason  of  sex,  to 
any  school  office. 

2.  A  person  cannot  remain  an  officer  or  member  of  the  board  and  reside  i« 
another  district,  even  though  in  the  same  civil  township. 

SECTION  2749.  1.  The  voters  have  only  such  powers  as  are  conferred  by  the 
statute,  either  expressly  or  by  reasonable  implication. 

2.  The  voters  of  any  district  when  assembled  at  their  annual  meeting  may 
direct  that  a  schoolhouse  or  the  schoolhouse  grounds  not  needed  for  public  school 
purposes  may  be  rented,  leased,  or  the  use  thereof  granted,  for  any  purpose  that 
vill  not  interfere  with  the  subsequent  use  or  value  of  such  schoolhouse  property 
for  public  school  purposes. 


22  SCHOOL  LAWS  OF  IOWA. 

and  the  voter  shall  designate  his  vote  by  writing  the  word  "yes"  or 
"no"  in  an  appropriate  place  on  the  ballot.  [21  G.  A.,  ch.  131,  §  1; 
19  G.  A.,  ch.  51;  18  G.  A.,  ch.  63;  C.  73,  §§  1717,  1807;  R.,  §§  2027-8, 
2033;  C. '51,  §§1114,  1115.] 

3.  The  voters  may  exercise  their  right  to  dispose  of  schoolhouse  property 
only  when  assembled  at  their  annual  meeting  on  the  second  Monday  in  Marck, 
or  at  a  special  meeting  called  under  section  2750.     They  may  not  exercise  this 
right  at  a  special  meeting  called  to  vote  bonds. 

4.  Schoolhouses  cannot  be  sold  without  previous  direction  of  the  voters,  but 
their  action  in  voting  a  tax  for  the  erection  of  a  new  schoolhouse  on  the  old  site 
gives  the  board  authority  to  remove  or  dispose  of  the  old  house. 

5.  The  voters  have  no  authority  to  instruct  the  board  to  loan  money  belong- 
ing to  the  district,  nor  to  order  money  invested  in  government  bonds. 

6.  The  general  statement  is  that  when  an  amount  has  been  voted  for  a  specific 
purpose,  the  parties  directly  interested  thereby  acquire  a  vested  right  in  such 
money  appropriated,  of  which  they  may  not  be  deprived,  even  by  the  voters.     50 
Iowa,  648. 

7.  The  only  change  of  money  from  one  fund  to  another  possible  under  the  law 
is  the  transfer  of  schoolhouse  funds  to  either  of  the  other  funds. 

8.  If  the  voters  direct  that  any  additional  branches  shall  be  taught  in  one  or 
all  of  the  schools,  their  action  is  mandatory,  and  the  board  is  bound  to  endeavor 
in  good  faith  to  fulfill  such  wish. 

9.  The  voters  may  not  limit  or  restrict  the  board  to  the  adoption  of  a  course 
of  study  including  only  such  branches  as  the  voters  may  name.     Nor  may  the 
voters  direct  that  a  particular  branch,  or  certain  studies,  shall  not  be  taught.     It 
is  the  province  of  the  board  to  decide  what  branches  besides  those  named  by  the 
voters  shall  be  Included  in  the  course  of  study  and  taught  in  the  schools. 

10.  The  voters  have  no  power  to  prohibit  any  branch  being  taught,  if  intro- 
duced by  the  board,  neither  has  the  board  power  to  prevent  the  teaching  of  any 
study  which  the  voters  have  directed  shall  be  taught. 

11.  All  schoolhouse  taxes  must  be  voted  by  the  voters  of  the  corporation,  or 
of  the  subdistrict;  this  power  cannot  be  delegated  to  the  board. 

12.  The  specific  sum  of  money  deemed  necessary,  and  not  a  certain  number 
of  mills  on  the  dollar,  should  be  voted,  except  when  a  district  lies  in  two  counties. 
The  percentum  necessary  to  raise  this  s.um  is  determined  by  the  board  of  super- 
visors. 

13.  The  power  to  vote  schoolhouse  taxes  belongs  exclusively  to  the  voters. 
The  sums  necessary  for  the  teachers'  and  contingent  funds  are  determined  by  the 
board.     Section  2806. 

14.  It  is  within  the  power  of  the  voters  when  assembled  at  their  annual  meet- 
ing to  direct  that  the  board  shall  build  a  cave  near  any  schoolhouse. 

15.  Failing  to  carry  out  instructions  from  this  meeting,  the  board  may  be 
compelled  by  mandamus  to  show  reason  why  the  expressed  wish  of  the  voters  has 
not  been  complied  with.     Decisions,  17. 

16.  A  vote  upon  matters  which  by  the  law  are  to  be  determined  by  the  board, 
is  not  binding  upon  the  board,  but  is  only  suggestive.     In  such  matters,  the  board 
will  still  be  left  free  to  exercise  the  discretion  vested  in  it  by  the  law. 

17.  In  order  that  action  may  be  taken  at  an  annual  meeting,  it  is  not  essential 
that  notice  shall  be  given  that  such  a  matter  will  be  presented  at  the  meeting. 
When  assembled,  the  voters  have  power  to  transact  any  business  which  may  come 
before  them  under  the  law. 

18.  A  subdistrict  has  no  legal  claim  upon  schoolhouse  property,  although  in 
equity  a  tax  voted  to  build  in  a  certain  subdistrict  must  be  expended  as  voted, 
and  When  a  schoolhouse  has  been  built  or  repaired  from  schoolhouse  funds  raised 


SCHOOL  LAWS  OF  IOWA.  23 

SEC.  2750.  Special  meeting.  The  board  of  directors  may  call 
a  special  meeting  of  the  voters  of  any  school  corporation  by  giving 
notice  in  the  same  manner  as  for  the  annual  meeting,  whenever  the 
corporation  has  lost  the  use  of  a  schoolhouse  by  fire  or  otherwise, 
which  shall  have  the  powers  given  to  a  regular  meeting  with  refer- 
ence to  the  sale  of  school  property  and  the  application  to  be  made 
of  the  proceeds,  and  to  vote  a  schoolhouse  tax  for  the  purchase  of  a 
site  and  the  construction  of  a  necessary  schoolhouse,  and  for  obtain- 
ing roads  thereto.  [24  G.  A.,  ch.  21;  18  G.  A.,  ch.  84.] 

SEC  2751.  Subdistrict  meeting.  The  meeting  of  the  voters 
of  each  subdistrict  of  a  school  township  shall  be  held  annually  on 
the  first  Monday  in  March,  and  shall  not  organize  earlier  than  nine 
o'clock  A.  M.,  nor  adjourn  before  twelve  o'clock  M.  Notice  in  writ- 
ing of  the  time  and  place  of  such  meeting  and  the  amount  of  school- 
house  tax  to  be  voted  shall  be  given  by  its  director,  or  if  there  is 
none  by  the  school  township  secretary,  by  posting  in  three  public 
places  in  the  subdistrict  for  five  days  next  preceding  the  same.  The 
voters  shall  select  a  chairman  and  secretary  of  the  meeting  who 
shall  act  as  judges  of  election,  and.  shall  also  elect  a  director  for  the 
subdistrict  by  ballot.  The  vote  shall  be  canvassed  by  the  judges  of 
election,  and  the  person  receiving  the  highest  vote  shall  be  declared 
elected.  [22  G.  A.,  ch.  51;  18  G.  A.,  ch.  7,  §  1;  C.  73,  §§  1718-19, 
1789;  R.,  §§  2030-1;  C.'51,  §  1111.] 

upon  that  subdistrict  alone,  even  the  voters  should  recognize  the  vested  right  of 
the  subdistrict  to  retain  such  property  and  to  enjoy  its  use. 

19.  If  it  is  desired  to  move  the  schoolhouse  out  of  the  subdistrict  the  voters 
of  the  school  township  must  first  so  order  at  the  annual  meeting.     Decisions,  13. 

20.  It  is  the  exclusive  province  of  the  courts  to  determine  questions  with 
relation  to  any  vote  at  a  school  meeting,  or  with  relation  to  the  choice  of  members 
of  the  board  or  of  officers  of  the  board.     Notes  12  to  16  inclusive,  to  section  2758. 

SECTION  2751.  1.  The  object  is  to  prevent  a  few  designing  persons  from  meet- 
ing at  an  unusual  hour,  dispatching  the  business  with  unseemly  haste,  and 
adjourning  before  many  of  the  electors  arrive.  The  meeting  should  be  conducted 
with  entire  fairness,  and  an  opportunity  given  for  an  expression  of  the  real  senti- 
ment of  the  subdistrict. 

2.  The  law  contemplates  a  continuous  session  of  at  least  three  hours. 

3.  If  subdistrict  boundaries  are  in  controversy  by  way  of  appeal,  the  election 
for  directors  should  be  made  on  the  basis  of  the  status  of  the  subdistricts  on  the 
day  of  election. 

4.  In  case  there  is  no  director,  the  above  notice  must  be  given  by  the  secre- 
tary of  the  school  township.     It  must  be  posted  five  days  previous  to  the  meeting, 
in  at  least  three  public  places  in  the  subdistrict.     The  notice  should  designate 
the  hour  of  meeting,  which  cannot  be  earlier  than  9  o'clock  A.  M.     Form  13. 

5.  Even  if  the  notice  of  the  meeting  required  by  the  law  has  not  been  given, 
the  voters  are  not  released  from  their  duty  to  hold  the  subdistrict  meeting  at  the 
usual  time  and  place.     When  they  are  assembled  it  may  be  found  that  important 
business  will  be  brought  before  them. 

6.  This  section  clearly  provides  how  a  tie  vote  shall  be  decided.     If  more  than 
two  persons  have  each  an  equal  number  of  votes,  the  same  rule  will  apply. 

7.  The  chairman  and  the  secretary  are  not  required  to  qualify. 

8.  A  judge  of  election  is  entitled  to  his  vote  as  much  as  any  other  elector, 

9.  No  minor,  nonresident,  nor  alien  can  take  part  in  a  meeting  of  voters. 

10.  If  the  voters  desire  to  hold  a  caucus,  it  should  be  done  before  the  subdlo- 
trict  meeting  is  called  to  order. 


24  SCHOOL  LAWS  OF  IOWA. 

SEC.  2762.  Number  of  directors.  The  board  of  directors  of 
a  school  township  shall  be  composed  of  one  director  from  each  sub- 
district.  But  when  there  are  only  two  subdistricts  a  third  director 
shall  be  elected  at  large  by  all  the  voters  of  the  school  township, 
yfhen  the  school  township  is  not  divided  into  subdistricts,  a  board 
of  three  directors  shall  be  elected  at  large,  on  the  second  Monday 
in  March,  by  all  the  voters  of  the  school  township.  [15  G.  A.,  ch. 
27;  C.73,  §§  1720-1;  R.,  §§  2031,  2085,  2075-6;  C. '51,  §§  1112,  1721.] 

SEC.  2753.  Special  schoolhouse  tax.  At  the  annual  sub- 
district  meeting,  or  at  a  special  meeting  called  for  that  purpose,  the 
voters  may  vote  to  raise  a  greater  amount  of  schoolhouse  tax  than 
that  voted  by  the  voters  of  the  school  township,  ten  days'  previous 
notice  having  been  given,  but  the  amount  so  voted,  including  the 
amount  voted  by  the  school  township,  shall  not  exceed  in  the  aggre- 
gate the  sum  of  fifteen  mills  on  the  dollar.  The  sum  thus  voted 
shall  be  certified  forthwith  by  the  secretary  of  said  subdistrict  meet- 
ing to  the  secretary  of  the  school  township,  and  shall  be  levied  by 
the  board  of  supervisors  only  on  the  property  within  the  subdistrict. 
[C.73,  §  1778;  R.,  §§  2033-4,  2037,  2088.] 

SEC.  2754.  Elections  in  independent  districts— tie  vote. 
At  the  annual  meeting  in  all  independent  districts  members  of  the 
board  shall  be  chosen  by  ballot.  In  any  district  including  all  or 
part  of  a  city  of  the  first  class,  or  a  city  under  special  charter,  the 
board  shall  consist  of  seven  members,  three  of  whom  shall  be  chosen 
on  the  second  Monday  in  March,  1898,  two  on  the  second  Monday  in 

11.  The  selection  of  a  director  should  be  a  matter  of  great  care.    As  he  may 
receive  no  compensation  from  the  district,  he  should  be  a  person  whose  interest 
will  lead  him  to  be  a  frequent  visitor  of  the  school,  and  who  will  see  that  the 
schoolhouse  is  provided  with  all  that  will  add  to  the  comfort  of  the  teacher  and 
scholars  and  promote  the  highest  welfare  of  the  school. 

12.  A  member  or  officer  of  the  board  must  have  the  qualifications  of  an  elector, 
if  a  male,  but  no  person  is  ineligible  to  any  school  office  by  reason  of  sex. 

13.  The  polls  for  the  election  of  a  director  for  the  subdistrict  must  be  kept 
open  at  least  two  hours.     Section  2754. 

14.  Only  one  ballot  may  be  taken  for  the  election  of  director,  and  the  person 
receiving  the  greatest  number  of  votes  is  elected,  even  though  he  has  not 
received  a  majority  of  all  the  votes  cast. 

15.  Persons  elected  subdirectors  in  March,  1896,  for  three  years,  will  hold  as 
directors  until  their  term  of  office  expires,  in  March,  1899. 

16.  The  school  township  may  simply  be  requested,  by  the  voters  of  the  sub- 
district,  to  build  a  schoolhouse,  without  asking  for  a  definite  amount  of  money. 

17.  The  subdistrict  voters  may  vote  a  tax  for  schoolhouse  purposes  and  certify 
fche  same  to  the  school  township  meeting.     Form  14.     Whatever  portion  of  this 
3um  the  township  voters  vote  will  be  levied  upon  the  entire  school  township. 

SECTION  2752.  The  board  of  a  school  township  cannot  consist  of  less  than 
"ihree  members.  If  there  are  two  subdistricts,  the  director  from  the  school  town- 
ship at  large  should  be  voted  for  at  both  meetings,  and  to  avoid  confusion,  tickete 
should  specify:  For  director,  A.  B.;  for  director  at  large,  C.  D. 

SECTION  2753.  The  vote  should  be  certified  to  the  secretary  of  the  school 
township.  Forms  14  and  16. 

SECTION  2754.  1.  Any  election  by  the  people  must  be  held  on  the  day  desig- 
nated, and  officers  must  be  elected  by  a  single  ballot. 

2.  The  practice  of  taking  an  informal  ballot  for  the  purpose  of  placing  persons 
In  nomination  is  not  to  be  commended.  Such  nominations  should  be  made  outside 
Che  meeting,  or  at  least  before  the  meeting  is  organized. 


SCHOOL  LAWS  OF  IOWA.  25 

March,  1899,  and  two  on  the  second  Monday  in  March,  1900.  In  all 
other  independent  city  or  incorporated  town  districts  the  board  shall 
consist  of  live  members,  one  of  whom  shall  be  chosen  on  the  second 
Monday  in  March,  1898,  two  on  the  second  Monday  in  March,  1899, 
and  two  on  the  second  Monday  in  March,  1900.  In  all  rural  inde- 
pendent districts  the  board  shall  consist  of  three  members,  one  of 
whom  shall  be  chosen  on  the  second  Monday  in  March,  1898,  and 
one  each  year  thereafter.  In  districts  composed  in  whole  or  in  part 
of  cities  or  incorporated  towns,  a  treasurer  shall  be  chosen  hi  like 
manner,  whose  term  shall  begin  on  the  third  Monday  in  March  and 
continue  for  one  year,  or  until  his  successor  is  elected  and  qualified. 
The  term  of  office  of  the  incumbent  treasurer  in  said  districts  shall 
expire  on  the  third  Monday  in  March,  1898.  In  such  districts  the 
polls  must  remain  open  not  less  than  five  hours,  and  in  rural  inde- 
pendent districts  and  school  townships  not  less  than  two  hours.  In 
each  case  the  polls  shall  open  at  one  o  'clock  p.  M. ,  except  as  pro- 
vided in  section  twenty-seven  hundred  and  fifty-six  of  this  chapter. 
A  tie  vote  for  any  elective  school  office  shall  be  publicly  determined 
by  lot  forthwith,  under  the  direction  of  the  judges.  [22  G.  A.,  ch. 
51;  18  G.  A.,  ch.  7,  §  2;  C.73,  §§  1789,  1808.] 

SEC.  2755.  Election  precincts — register  of  voters — notice. 
Each  school  corporation  having  five  thousand  or  more  inhabitants 
may  be  divided  into  not  more  than  five  precincts,  in  each  of  which  a 
poll  shall  be  held  at  a  convenient  place,  fixed  by  the  board  of  direct- 
ors, for  the  reception  of  the  ballots  of  voters  residing  in  such  pre- 
cinct. A  separate  register  of  the  voters  of  each  precinct  shall  be 
prepared  by  the  board  from  the  register  of  the  electors  of  any  city 
included  within  such  school  corporation,  and  for  that  purpose  a  copy 
of  such  register  of  electors  shall  be  furnished  by  the  clerk  of  the 
city  to  the  board  of  directors.  Before  each  annual  meeting  these 
registers  shall  be  revised  and  corrected  by  comparison  with  the  last 
register  of  elections  of  such  cities,  and  shall  have  the  same  force 
and  effect  at  school  meetings  held  under  this  section,  in  respect  to 
the  reception  of  votes  thereat,  as  the  register  of  election  has  by  law 
at  general  elections;  but  nothing  in  this  section  shall  be  construed 
to  prohibit  women  from  voting  at  all  elections  at  which  they  are 
entitled  to  vote.  The  secretary  must  post  a  notice  of  the  meeting 
in  a  public  place  in  each  precinct  at  least  ten  days  before  the  meet- 
ing, and  by  publication  for  two  weeks  preceding  the  same  in  some 
newspaper  published  in  the  corporation,  such  notice  to  state  the 
time,  respective  voting  precincts  and  the  polling  place  in  each  pre- 
cinct, and  also  to  specify  what  questions  authorized  by  law,  in  addi- 
tion to  the  election  of  director  or  directors,  shall  be  voted  upon  and 

3.  In  all  cases,  it  would  be  well  for  the  ballot  to  state  the  term  voted  for,  in 
connection  with  the  name  of  the  person. 

4.  All  vacancies  should  also  be  filled  by  election,  and  the  ballot  should  desig- 
nate the  vacancy  to  be  filled,  and  the  persons  so  elected  hold  for  the  remainder 
of  the  unexpired  term. 

5.  This  section  clearly  provides  how  a  tie  vote  shall  be  decided.     If  more  than 
two  persons  have  each  an  equal  number  of  votes,  the  same  rule  governs. 

6.  There  is  no  provision  of  law  by  which  judges  at  school  elections  maj 
receive  pay.    Note  to  section  2756. 

SECTION  2755.  No  registration  of  voters  shall  be  required  for  school  election*, 
except  as  provided  in  this  section.  Code,  section  1078. 


26  SCHOOL   LAWS   OP  IOWA. 

determined  by  the  voters  of  the  several  precincts.     [18  G.  A.  ,  ch.  8. 


SEC.  2756.  Conduct  of  elections.  As  judges  of  the  election 
referred  to  in  the  preceding  section,  the  board  shall  appoint  one  of 
its  number  and  two  voters  of  the  precinct,  one  of  whom,  shall  act  as 
clerk,  who  shall  be  sworn  as  provided  in  case  of  a  general  election. 
If  any  person  so  appointed  fails  to  attend,  the  judge  or  judges 
attending  shall  fill  the  place  by  the  appointment  of  any  voter  pres- 
ent, and  like  action  shall  follow  a  refusal  to  serve  or  to  be  sworn. 
Should  all  of  the  appointees  fail  to  attend,  their  places  shall  be 
filled  by  the  voters  from  those  in  attendance.  The  board  shall  pro- 
vide the  necessary  ballot  box  and  poll-book  for  each  precinct,  and  the 
judges  shall  make  and  certify  a  return  to  the  secretary  of  the  cor- 
poration of  the  canvass  of  the  votes  for  office  and  upon  each  question 
submitted.  On  the  next  Monday  after  the  meeting  the  board  shall 
canvass  the  returns  made  to  the  secretary,  ascertain  the  result  of  the 
voting  with  regard  to  every  matter  voted  upon,  declare  the  same, 
cause  a  record  to  be  made  thereof,  and  at  once  issue  a  certificate  to 
each  person  elected.  At  all  meetings  held  under  this  and  the  next 
preceding  section,  the  polls  shall  be  kept  open  from  nine  o'clock  A. 
M.  until  seven  o'clock  p.  M.  [Same,  §§  5,  6.] 

SEC.  2757.  Meetings  of  directors  —  election  of  officers.  The 
board  of  directors  shall  meet  on  the  third  Monday  in  March  and 
September,  and  may  hold  such  special  meetings  as  may  be  fixed  by 
the  board  or  called  by  the  president,  or  the  secretary  upon  the  writ- 
ten request  of  a  majority  of  the  board,  upon  notice  specifying  the 
time  and  place,  delivered  to  each  member  in  person,  but  attendance 
shall  be  a  waiver  of  notice.  Such  meetings  shall  be  held  at  any 
place  within  the  civil  township  in  which  the  corporation  is  situated. 
At  the  regular  March  meeting  the  board  shall  organize  by  the  elec- 
tion of  a  president  from  its  members,  who  shall.be  entitled  to  vote  as 
a  member.  At  the  regular  September  meeting  it  shall  elect  from 
outside  the  board  a  secretary  and  a  treasurer,  except  as  provided  in 
section  twenty-seven  hundred  and  fifty-four  of  this  chapter,  but  in 
independent  districts  no  teacher  or  other  employe  of  the  board  shall 

SECTION  2756.  There,  is  no  provision  for  paying  a  judge  or  a  clerk  at  a  school 
election,  nor  may  any  other  expense  of  such  election  be  paid  from  school  funds, 
except  that  a  ballot  box  and  the  necessary  poll-book  shall  be  provided  in  each 
precinct  of  districts  having  5,000  and  over. 

SECTION  2757.  1.  It  is  quite  customary  for  the  outgoing  board  to  meet  on 
the  third  Monday  in  March  and  complete  all  its  work,  and  for  the  new  board  to 
organize  immediately  thereafter.  The  legality  or  propriety  of  such  action  has 
never  been  questioned. 

2.  If  the  president  is  unwilling  to  call  a  special  meeting  in  compliance  with  a 
request  from  members,  then  a  majority  of  the  board  may  cause  a  notice  of  the 
meeting  to  be  given,  signed  by  the  members  who  desire  to  have  the  meeting 
called,  which  written  notice  should  be  by  the  secretary  handed  to  each  member 
of  the  board  and  to  the  president. 

3.  As  the  law  is  silent  with  regard  to  the  length  of  time  notice  should  be 
given  before  the  time  of  meeting,  it  is  taken  for  granted  the  law  intends  that  a 
reasonable  notice  as  to  time  shall  be  given.     What  such  reasonable  notice  is  must 
be  determined  for  each  locality  by  the  conditions. 

4.  If  a  school  officer  habitually  or  wilfully  neglects  his  duty,  and  the  public 
good  suffers  by  such  negligence,  a  court  may  compel  him  to  attend  to  the  neces- 
sa-ry  duties  of  his  office  or  to  resign.     50  Iowa,  648. 


SCHOOL  LAWS   OP  IOWA.  27 

be  eligible  as  secretary.  Upon  the  organization  of  any  corporation 
the  board  shall  elect  a  secretary  to  hold  until  .the  September  meeting 
following.  All  such  officers  shall  be  elected  by  ballot,  and  the  vote 
shall  be  recorded  by  the  secretary.  [18  G.  A.,  ch.  176;  15  G.  A.,  ch. 
27;  0.73,  §§  1721-2;  R.,  §§  2035-6,  2076;  C. '51,  §  1721.] 

SEC.  2758.  Qualification  of  directors — vacancies.  Any  mem- 
ber of  the  board  may  administer  the  oath  of  qualification  to  any 
member  elect,  and  to  the  president  of  the  board.  Each  director 
shall  qualify  on  or  before  the  third  Monday  in  March  by  taking  an 
oath  to  support  the  constitution  of  the  United  States  and  that  of  the 
state  of  Iowa,  and  that  he  will  faithfully  discharge  the  duties  of  his 
office;  and  shall  hold  the  office  for  the  term  to  which  he  is  elected, 
and  until  a  successor  is  elected  and  qualified.  In  case  of  a  vacancy, 
the  office  shall  be  filled  by  appointment  by  the  board  until  the  next 
annual  meeting.  [C.73,  §§  1752,  1790; -R.,  §§2032,  2079;  C.'51,  §§ 
1113,  1120.] 

5.  This  section  authorizes  boards  to  hold  meetings  in  any  district  within  thG 
same  civil  township. 

6.  There  is  no  provision  of  law  that  will  prevent  a  board  from  transacting 
business  upon  any  other  day  except  Sunday. 

7 .  If  the  board  fails  to  elect  a  president,  a  secretary,  or  a  treasurer,  upon  tho 
day  fired  by  law  or  at  a  meeting  adjourned  from  that  day  to  a  day  certain,  then 
the  incumbent  may  qualify  anew  and  hold  the  office  for  another  year.     75  Iowa, 
196.     But  in  order  that  a  president  may  thus  hold  over,  his  term  as  a  member  of 
the  board  must  also  continue. 

8.  No  person  may  hold  two  offices  of  the  board  at  the  same  time. 

9.  No  one  may  be  compelled  to  qualify  as  a  member  or  officer  of  the  board. 

10.  Any  duty  imposed  upon  the  board  as  a  body  must  be  performed  at  a  regu- 
lar or  special  meeting,  and  made  a  matter  of  record.     47  Iowa,  11. 

11.  The  consent  of  the  board  to  any  particular  measure,  obtained  of  individual 
members  when  not  in  session,  is  not  the  act  of  the  board,  and  is  not  binding  upon 
the  district.     67  Iowa,  164. 

12.  The  board  may  receive  and  act  upon  communications  from  persons  selected 
outside  the  board  to  report  upon  matters  referred  to  such  persons  as  a  committee. 

13.  An  official  trust  cannot  be  delegated.     Neither  the  board  nor  any  member 
may  appoint  a  substitute  to  perform  the  official  duties  of  a  member  or  of  the  board. 

14.  Where  the  law  requires  a  certain  duty  to  be  performed  by  the  board  upon 
a  fixed  day,  and  does  not  expressly  forbid  its  performance  later  than  the  date 
mentioned  in  the  law,  as  for  instance  the  election  of  a  secretary  and  a  treasurer, 
an  adjournment  of  the  meeting  to  another  fixed  date  will  allow  the  transaction  of 
the  business  directed  to  be  done  on  the  day  of  the  regular  meeting.     75  Iowa,  196. 

SECTION  2758.  1.  Any  school  director  is  authorized  to  administer  to  a  school 
director  elect  the  official  oath  required  by  law,  but  the  secretary  cannot  admin- 
ister this  oath  unless  he  is  one  of  the  many  officers  empowered  by  law  to  adminis- 
ter oaths. 

2.  The  president  of  the  board  must  take  the  oath  of  office  according  to  arti- 
cle 11,  section  5,  of  the  constitution  of  Iowa. 

3.  A  director  elect  may  take  the  oath  of  qualification  at  any  time  between 
the  day  of  election  and  the  close  of  the  third  Monday  in  March.     53  Iowa,  687. 

4.  In  case  a  director  elect  fails  to  qualify  by  the  close  of  the  third  Monday  in 
March,  the  incumbent  may  continue  in  office  and  should  qualify  anew.     Codo, 
section  1265. 

5.  If  a  person  is  elected  as  his  own  successor  and  fails  to  qualify  on  or  before 
the  third  Monday  in  March,  a  vacancy  exists  which  is  filled  by  appointment. 


28  SCHOOL   LAWS  OF  IOWA. 

SEC.  2769.  President — employment  of  counsel.  The  presi- 
dent of  the  board  of  directors  shall  preside  at  all  of  its  meetings,  sign 
all  warrants  and  drafts,  respectively,  drawn  upon  the  county  treas- 
urer for  money  apportioned  and  taxes  collected  and  belonging  to  his 
school  corporation,  and  all  orders  on  the  treasurer  drawn  as  pro- 
vided by  law,  sign  all  contracts  made  by  the  board,  and  appear  in 
behalf  of  his  corporation  in  all  actions  brought  by  or  against  it, 
unless  individually  a  party,  in  which  case  this  duty  shall  be  per- 
formed by  the  secretary.  In  all  cases  where  actions  may  be  insti- 
tuted by  or  against  any  school  officer  to  enforce  any  provision  of 
law,  the  board  may  employ  counsel,  for  whi"h  the  school  corporation 
shall  be  liable.  [19  G.  A.,  ch.  46;  C.  73,  §§  1739-40;  R.,  §§  2039-40; 
C.'51,  §§  1122-3,  1125.] 

6.  A  person  appointed  as  a  member  of  the  board  is  required  to  qualify  within 
ten  days.     Code,  section  1275. 

7.  A  director  continues  in  office  until  a  successor  is  elected  and  qualified, 
whether  chosen  by  the  electors  or  appointed  by  the  board. 

8.  Failure  to  appear  at  the  meeting  of  the  board  on  the  third  Monday  in 
March  will  not  prevent  a  qualification  being  valid  if  the  member  elect  takes 
the  oath  of  office  before  the  close  of  the  third  Monday  in  March. 

9.  When  a  director  is  chosen  by  vote  of  the  electors  he  is  elected  for  a  fuM 
t»erm,  or  to  fill  the  remainder  of  an  unexpired  term.    Sections  1276  and  1277. 

10.  When  an  election  is  contested,  the  person  elected  shall  have  ten  days  in 
which  to  qualify,  after  the  date  of  the  decision.     Code,  section  1177. 

11.  All  persons  appointed  to  fill  vacancies  in  office  hold  until  the  next  meeting 
of  the  electors.     Constitution  of  Iowa,  article  11,  section  6.    Code,  section  1276. 

12.  The  failure  or  refusal  of  the  proper  officers  to  issue  a  certificate  to  a  person 
duly  elected,  cannot  operate  to  deprive  such  person  of  his  rights.     The  certificate 
or  commission  is  the  best,  but  not  the  only  evidence  of  an  election,  and  if  that  be 
refused  secondary  evidence  is  admissible.     McCrary  on  Elections,  section  171. 
Decisions,  8. 

13.  The  right  or  title  to  hold  office  cannot  be  determined  by  an  appeal  to  the 
county  superintendent.     The  proper  remedy  for  any  person  aggrieved  by  the 
action  of  the  board  relating  thereto  is  a  petition  to  the  district  court.     Code, 
sections  4313-4320.     Decisions,  8  and  23. 

14.  It  is  the  exclusive  province  of  the  courts  to  determine  questions  with 
relation  to  any  vote  of  a  school  meeting,  or  with  relation  to  the  choice  of  mem- 
bers of  the  board  or  of  officers  of  the  board. 

15.  There  can  be  no  doubt  that  school  officers  should  not  express  an  official 
opinion  upon  matters  entirely  outside  of  their  jurisdiction.     Upon  these  subjects 
it  is  therefore  useless  to  expect  county  superintendents,  or  this  department,  to 
give  any  other  than  general  LL  "^rmation,  such  as  is  presumably  already  within 
the  knowledge  of  those  applying. 

/16.  While  a  board  may  use  its  own  judgment  as  to  who  shall  or  who  shall  not 
bo  received  as  a  member  of  the  board,  any  one  aggrieved  has  his  remedy  through 
the  courts;  that  is,  the  membership  of  the  board  is  not  finally  determined  by  any 
p,,ction  of  the  board. 

SECTION  2759.  1.  A  president  whose  term  as  director  has  expired  may  take 
no  further  part  in  the  board,  even  though  a  new  president  has  not  been  chosen. 

2.  The  president  has  the  right  to  vote  on  all  questions  comic.g  before  the 
board.  If  by  such  vote  a  tie  is  produced,  the  motion  is  lost.  Section  2757. 

3y  When  the  board  is  without  a  president,  a  temporary  president  may  be 
Appointed,  who  during  the  time  he  is  acting  as  president,  may  sign  orders  and 
contracts  and  do  all  other  acts  proper  to  be  done  by  the  president,  but  he  is 
not  authorized  to  act  except  when  the  board  is  in  session. 


SCHOOL  LAWS  OP  IOWA.  29 

SEC.  2760.  Bonds  of  secretary  and  treasurer.  The  secretary 
and  treasurer  shall  each  give  bond  to  the  school  corporation  in  such 
penalty  as  the  board  may  require,  and  with  sureties  to  be  approved 
by  it,  which  bond  shall  be  filed  with  the  president,  conditioned  for 
the  faithful  performance  of  his  official  duties,  but  in  no  case  less 
than  five  hundred  dollars.  Each  shall  take  the  oath  required  of 
civil  officers,  which  shall  be  indorsed  upon  the  bond,  and  shall  com- 
plete his  qualification  within  ten  days.  In  case  of  a  breach  of  the 
bond,  the  president  shall  bring  action  thereon  in  the  name  of  the 

4.  The  secretary  is  the  custodian  of  the  order  book.     He  fills  out  the  orders, 
which  the  president  afterward  signs, 

5.  To  be  valid,  an  order  must  express  upon  its  face  the  fund  on  which  it  is 
drawn,  and  name  the  purpose  for  which  it  was  issued.     Section  2762. 

6.  An  order  of  the  board  cannot  be  considered  as  officially  transmitted,  unless 
signed  by  the  president,  as  well  as  by  the  secretary. 

7.  The  failure  of  an  officer  to  attach  his  official  title  to  his  signature  will  not 
affect  the  instrument  so  far  as  the  district  is  concerned,  provided  the  writing  was 
authorized,  and  made  for  the  district,  and  this  fact  can  be  shown.     7  Iowa,  509, 
and  11  Iowa,  82. 

8.  Unless  the  fact  that  official  approval  was  authorized  can  be  shown,  personal 
liability  may  follow.     59  Iowa,  696. 

9.  An  order  on  the  treasurer  may  be  signed  only  by  authority  of  the  board. 

10.  The  expenses  in  suits  provided  for  by  this  section  should  be  paid  from  tht? 
contingent  fund.  . 

11.  Appeals  to  the  county  superintendent  or  superintendent  of  public  instruc- 
tion, are  not  suits  brought  by  or  against  the  district,  nor  are  they  suits  brought 
by  or  against  any  of  the  school  officers,  within  the  meaning  of  the  law,  and  no 
oharge  can  be  made  against  the  district  for  attorney  fees. 

12.  The  president  does  not  have  authority  to  bring  suits  in  the  name  of  the 
corporation  on  his  own  motion.     85  Iowa,  387. 

13.  Service  of  notice  may  be  made  on  either  the  president  or  the  secretary. 
Code,  section  3531. 

SECTION  2760.  1.  The  law  requires  all  official  bonds  to  be  secured  by  at  least 
two  sureties  who  are  freeholders,  and  whose  aggregate  property  is  double  tho 
amount  of  the  bond,  the  oath  of  office  to  be  subscribed  on  the  back  of  the  bond,  or 
attached  thereto,  and  the  sureties  to  make  affidavit  that  they  are  worth  the  amount 
named.  Form  17. 

2.  At  least  two  sureties  are  required,  who  must  be  resident  freeholders  of  this 
state,  and  each  of  whom  must  make  an  affidavit  as  surety.     Code,  sections  358  and 
359.     Both  the  principal  and  sureties  must  qualify  before  some  one  empowered  to 
administer  oaths. 

3.  If  the  treasurer  continues  in  office  by  reason  of  failure  to  elect  a  successor, 
his  bond  should  be  renewed  and  he  should  produce  and  account  for  the  fuads  in 
his  hands,  and  the  statement  of  such  settlement  should  be  indorsed  OH  his  mew 
bond.     Code,  section  1193. 

4.  As  the  bonds  of  the  secretary  and  treasurer  must  be  approved  by  the  board, 
no  member  should  become  surety  for  one  of  these  officers. 

5.  Any  officer  whose  duty  it  is  to  give  bonds  for  the  proper  discharge  of  thfe 
duties  of  his  office,  and  who  neglects  so  to  do,  is  guilty  of  a  misdemeanor,  and  is 
liable  to  a  fine.     Code,  section  1197. 

6.  A  board  approving  bonds  known  to  be  insufficient,  does  not  discharge  ths 
duty  incumbent  upon  it,  and  is  liable  on  a  charge  of  misdemeanor.     14  Iowa,  510, 
and  18  Iowa,  153.     Code,  section  4904. 

7.  Any  officer  or  board  who  has  the  approval  of  another  officer's  bond,  when 
of  the  opinion  that  the  public  security  requires  it,  upon  giving  ten  days'  notice* 


80  SCHOOL  LAWS  OP  IOWA. 

school   corporation.     [15  G.  A.,  ch.  27;  C.73,  §§  1721,  1731;  R.,  §§ 
2035,  2037,  2076;  C.'51,  §  1144.] 

SEC.  2761.  Duties  of  secretary.  The  secretary  shall  file  and 
preserve  copies  of  all  reports  made  to  the  county  superintendent, 
and  all  papers  transmitted  to  him  pertaining  to  the  business  of  the 
corporation;  keep  a  complete  record  of  all  the  proceedings  of  the 
meetings  of  the  board  and  the  voters  of  the  corporation  in  separate 
books;  keep  an  accurate,  separate  account  of  each  fund  with  the 
treasurer,  charge  him  with  all  warrants  and  drafts  drawn  in  his 
favor,  and  credit  him  with  all  orders  drawn  on  each  fund;  and  he  shall 
keep  an  accurate  account  of  all  expenses  incurred  by  the  corpora- 
tion, and  present  the  same  to  the  board  for  audit  and  payment.  At 

to  show  cause  to  the  contrary  may  require  him  to  give  such  additional  security 
by  a  new  bond,  within  a  reasonable  time  to  be  prescribed.     Code,  section  1281. 

8.  By  petitioning  the  board,  a  surety  may  ask  to  be  relieved  from  his  obliga- 
tion on  a  bond.     Code,  sections  1283-1285. 

9.  All  the  officers  of  the  board  must  take  the  oath  of  office  as  prescribed  by 
section  5,  article  11,  of  the  constitution. 

10.  The  sectretary  and  the  treasurer  have  ten  days  in  which  to  qualify. 

11.  Any  association  or  corporation  which  does  the  business  of  insuring  the 
fidelity  of  others,  and  which  has  authority  by  law  to  do  business  in  this  state, 
shall  be  accepted  as  surety  upon  bonds  required  by  law,  with  the  same  force  and 
effect  as  sureties  above  qualified.     Code,  section  1187. 

SECTION  2761.  1.  A  large  amount  of  labor  devolves  upon  the  secretary.  The 
fidelity  and  promptness  with  which  he  attends  to  his  duties  make  his  assistance 
very  valuable  to  the  board  and  the  district,  and  determine,  in  a  large  degree,  the 
accuracy  and  completeness  of  his  annual  report  to  the  board  and  to  the  county 
superintendent. 

2.  It  is  essential  that  the  record  of  the  proceedings  of  the  board  and  district 
meetings  should  be  properly  kept.     Every  transaction  should  be  carefully  noted, 
and  the  proceedings  read  and  approved. 

3.  The  minutes  of  a  meeting,  as  recorded  at  the  time  by  the  secretary,  must 
be  regarded  the  best  evidence  as  to  the  understanding  the  board  had  of  a  subject, 
at  the  time  the  question  was  voted  upon.     Decisions,  6,  27,  30  and  47. 

4.  The  proceedings  of  any  meeting  in  relation  to  voting  schoolhouse  taxes, 
must  be  submitted  by  the  secretary,  who  is  the  proper  custodian  of  the  records, 
to  the  board,  to  form  the  basis  of  its  action  in  apportioning  and  certifying  school- 
house  taxes  to  the  board  of  supervisors. 

5.  The  failure  of  the  secretary  to  record  all  the  proceedings  of  the  board  and 
of  the  district  meetings  in  separate  books,  kept  for  that  purpose,  will  not  render 
the  proceedings  void.     8  Iowa,  298. 

6.  Public  records  are  public  property,  and  are  open  to  inspection  at  proper 
times  by  any  citizen.     No  public  officer  may  refuse  examination  of  the  records, 
but  as  he  is  their  custodian,  and  is  charged  with  their  safe  keeping,  he  must  keep 
them  in  his  possession. 

7.  Every  officer  having  the  custody  of  a  public  record  or  writing  is  bound  to 
give  any  person,  on  demand,  a  certified  copy  thereof  on  payment  of  the  legal  fees 
therefor.     Code,  section  4638. 

8.  The  secretary  may  not  act  as  president  or  treasurer  of  the  board. 

9.  As  the  secretary  is  the  clerical  officer  of  the  board,  and  cares  for  the 
records  of  the  district,  we  think  he  should  act  as  librarian  unless  the  board 
selects  some  other  person. 

10.  The  secretary  is  required  by  this  section  to  keep  an  account  current  with 
the  district  treasurer.     This  account,  properly  kept,  will  assist  the  board  in  ita 
frequent  settlements  with  the  treasurer,  as  required  by  section  2780. 


SCHOOL   LAWS   OP  IOWA.  31 

the  annual  meeting  he  shall  record,  in  a  book  provided  for  that  pur- 
pose, the  names  of  all  persons  voting  thereat,  the  number  of  votes 
cast  for  each  candidate,  and  for  and  against  each  proposition  sub- 
mitted. [C.  73,  §§  1741,  1743;  R.,  §§  2041-2;  C.  '51,  §  1128.] 

SEC.  2762.  Warrants.  He  shall  countersign  all  warrants  and 
drafts  upon  the  county  treasurer  drawn  or  signed  by  the  president; 
draw  each  order  on  the  treasurer,  specify  the  fund  on  which  it  is 
drawn  and  the  use  for  which  the  money  is  appropriated;  countersign 
and  keep  a  register  of  the  same,  showing  the  number,  date,  to  whom 
drawn,  the  fund  upon  which  it  is  drawn,  the  purpose  and  the  amount; 
and  at  the  March  and  September  meetings  furnish  the  board  with  a 
copy  of  the  same.  [19  G.  A.,-ch.  46;  C.  73,  §§  1739,  1782;  R.,  §§  2039, 
2061;  C.'51,  §§  1122-3.] 

SEC.  2763.  Notice  of  meetings.  He  shall  give  ten  days' 
printed  or  written  notice  of  all  meetings  of  the  voters,  posted  in  at  least 

SECTION  2762.  1.  All  demands.,  whether  by  contract  or  otherwise,  must  be 
approved  by  the  board  when  in  session,  before  an  order  may  be  drawn  on  the 
treasurer,  and  the  secretary  should  draw  no  order  unless  he  is  authorized  to  do 
so  by  a  vote  of  the  board,  at  a  regular  or  special  meeting.  Form  19. 

2.  It  is  an  advantage  for  the  secretary  to  hold  the  order  book,  for  by  thia 
means  he  can  better  keep  his  records,  make  the  transcript  to  the  treasurer  ol 
orders  drawn,  and  more  easily  make  his  final  report  to  the  board  in  September. 

3.  The  secretary,  president,  and  treasurer,  must  conform  to  the  instructions 
of  the  board  as  far  as  those  directions  are  in  accordance  with  law,  but  they  should 
not  comply  with  an  instruction  directing  them  to  do  an  illegal  act. 

4.  If  the  board  appropriates  money  to  pay  its  members,  or  for  any  other 
fllegal  purpose,  the  president  and  secretary  should  decline  to  sign  the  order,  and, 
If  drawn,  the  treasurer  should  refuse  to  pay  it. 

5.  A  member  may  relieve  himself  of  the  responsibility  of  an  illegal  act  of  the 
board,  by  moving  that  the  ayes  and  noes  be  taken,  and  voting  no.     In  case  of  pros- 
ecution the  liability  of  such  member  may  be  materially  lessened.     69  Iowa,  533. 

6.  The  board  may  authorize  the  president  and  secretary  to  draw  warrants  for 
the  payment  of  teachers'  salaries  at  the  end  of  each  school  month,  upon  proper 
evidence  that  the  service  has  been  performed,  but  the  order  for  wages  for  the  last 
month  should  not  be  drawn  until  the  full  report  required  by  section  2789  is  filed 
In  the  office  of  the  secretary. 

7.  School  orders  issued  without  a  vote  of  the  board  or  otherwise  illegally 
issued,  although  they  may  be  signed  by  the  president  and  countersigned  by  the 
becretary,  are  not  binding  upon  the  district,  neither  can  they  acquire  validity  by 
being  transferred  to  third  parties.     If  illegal  when  issued,  they  are  illegal  forever. 
19  Iowa,  199  and  248.     Decisions,  10. 

8.  An  order  is  not  a  negotiable  paper.     It  is  subject  to  all  equities  and 
defenses  to  which  it  would  have  been  subject  in  the  hands  of  the  payee.     22  Iowa, 
695;  29  Iowa,  339,  and  92  Iowa,  676. 

9.  An  order  issued  illegally  does  not  acquire  validity  by  transfer. 

10.  School  orders  should  not  be  drawn  payable  on  time,  nor  should  any  men- 
tion regarding  interest  be  in  the  order.     An  order  may  not  be  made  payable  at 
any  other  place  than  the  treasury  of  the  district. 

11.  The  registry  of  orders  is  an   important  matter.      Every  order  drawn 
should  be  promptly  reported  to  the  district  treasurer,  as  he  has  no  other  means 
of  determining  the  amount  of  outstanding  orders,  and  otherwise  cannot  comply 
with  the  law  requiring  him  to  make  partial  payments.     Section  2768  and  form  20 

SECTION  2763.  1.  The  statutory  mode  of  computing  time  excludes  the  day  on 
which  the  notice  is  posted,  and  includes  the  day  of  meeting.  61  Iowa,  303.  Code, 
section  48,  subdivision  23.  Forms  10  and  13. 


32  SCHOOL  LAWS  OF  IOWA. 

five  public  places  in  the  corporation,  but  a  notice  shall  be  posted  at 
the  door  of  each  schoolhouse,  also  at  or  near  the  last  place  of  meet- 
ing, and  each  notice  shall  state  the  date,  hour  and  place  of  meeting, 
and  the  object.  [18  G.  A.,  ch.  59;  C.73,  §§  1742,  1822;  R.,  §  2043;  C. 
'51,  §  1129.  J 

SEC.  2764.  Register  of  persons  of  school  age.  He  shall, 
between  the  first  day  of  September  and  the  third  Monday  in  Sep- 
tember of  each  year,  enter  in  a  book  made  for  that  purpose,  the 
name,  sex  and  age  of  every  person  between  five  and  twenty-one 
residing  in  the  corporation,  together  with  the  name  of  the  parent  or 
guardian. 

SEC.  2765.  Reports.  He  shall  notify  the  county  superintendent 
when  each  school  is  to  begin  and  its  length  of  term,  and,  within  five 
days  after  the  third  Monday  in  September  of  each  year,  file  with  the 

2.  Failure  to  comply  with  the  law  with  respect  to  the  notice,  does  not  invali- 
date the  proceedings  of  the  meeting-  if  regular  in  other  respects. 

3.  It  folio  vs  that  notice  through  the  newspapers  or  any  other  notice  than  as 
named  in  the  law,  will  not  take  the  place  of  the -kind  of  notice  required  by  the 
law,  given  in  the  manner  indicated. 

4.  The  posting  up  or  service  of  any  notice  or  other  paper  required  by  law 
may  be  proved  by  the  affidavit  of  any  competent  witness  attached  to  a  copy  of 
said  notice  or  paper,  and  made  within  six  months  of  the  time  of  such  posting  up. 
Code,  section  4681. 

SECTION  2764.  1.  The  law  intends  that  no  part  of  the  enumeration  shall  be 
taken  before  the  first  day  of  September. 

2.  The  number  of  persons  of  school  age  can  be  obtained  only  by  a  careful  and 
conscientious  census.     It  includes  all  persons  between  five  and  twenty-one  years 
having  a  residence  within  the  district,  even  if  married.     Form  21. 

3.  Each  district  deserves  credit  for  every  one  of  proper  age,  but  is  entitled 
to  no  more.     It  is  obvious  that  a  guess  or  estimate  regarding  even  a  single  indi- 
vidual is  to  be  avoided. 

4.  In  independent  districts,  it  is  the  duty  of  the  secretary  to  take  the  annual 
school  enumeration  required  by  the  first  clause  of  this  section,  unless  the  board 
assigns  the  duty  to  another  person.     In  any  case  proper  extra  compensation 
should  be  given  for  the  work  required,  if  the  district  is  a  large  one. 

5.  In  districts  formed  of  parts  of  two  or  more  counties,  the  secretary  should 
make  the  annual  report  to  the  county  superintendent  of  the  county  in  which  a 
majority  of  the  children  reside.     This  report  should  not  include  those  children 
who  reside  in  portions  of  the  district  lying  in  other  counties.     The  remaining 
number  of  children  should  be  reported  by  the  secretary  to  the  superintendents  of 
their  respective  counties. 

6.  Every  person  between  five  and  twenty-one  should  be  enumerated  where  he 
resides.     A  child  in  one  of  the  charitable  or  reformatory  institutions  temporarily, 
and  whose  parents  reside  in  another  part  of  the  state,  or  in  another  school 
district,  is  a  resident  of  the  district  in  which  his  parents  reside,  and  should  be 
enumerated  there.      If  in  the   institution   to  remain   permanently,  having  no 
parents  or  guardian,  his  residence  is  in  the  district  in  which  the  institution  is 
located,  and  he  should  be  enumerated  therein. 

7.  The  actual  truth  as  to  the  number  of  school  age  is  what  is  sought.     Any- 
thing else  disturbs  the  equality  which  by  right  exists,  and  prevents  all  from 
receiving  exact  justice  in  the  apportionments. 

SECTION  2765.  1.  The  name  of  the  teacher  should  be  given,  and  any  other 
information  which  will  aid  the  county  superintendent  in  planning  his  work  of 
visitation,  provided  for  in  section  2735. 


SCHOOL   LAWS   OF   IOWA.  •    33 

county  superintendent  a  report  which  shall  give  the  number  of  per- 
sons in  the  corporation,  male  or  female,  of  school  age,  the  number 
of  schools  and  branches  taught,  the  number  of  scholars  enrolled  and 
average  attendance  in  each  school,  the  number  of  teachers  employed 
and  the  average  compensation  paid  per  month,  distinguishing  the 
sexes,  the  length  of  school  in  days,  and  the  average  cost  of  tuition 
per  month  for  each  scholar,  the  text-books  used,  number  of  volumes 
in  library,  the  value  of  apparatus  belonging  to  the  corporation,  the 
number  of  schoolhouses  and  their  estimated  value,  the  name,  age 
and  postoffice  address  of  each  deaf  and  dumb  or  blind  person  in  the 
corporation  between  the  ages  of  five  and  twenty-one  years,  and  this 
shall  include  those  who  are  so  blind  or  deaf  as  to  be  unable  to  obtain 
an  education  in  the  common  schools,  a  like  report  as  to  all  feeble 
minded  children  of  and  between  such  ages,  and  the  number  of  trees 
set  out  and  in  a  thrifty  condition  on  each  schoolhouse  ground.  [19  G. 
A.,  ch.  23,  §  3;  16  G.  A.,  ch.  112,  §  1;  C.  73,  §§  1744-5;  R,  §  2046;  C. 
'51,  §§  1127-8.] 

SEC.  2766.  Officers  reported.  He  shall  report  to  the  county 
superintendent,  auditor  and  treasurer  the  name  and  postoffice 
address  of  the  president,  treasurer  and  secretary  of  the  board  as 
soon  as  practicable  after  the  qualification  of  each.  [C. '73,  §  1736.] 

SEC.  2767.  Certifying  tax.  Within  five  days  after  the  board 
has  fixed  the  amount  required  for  the  contingent  and  teachers'  fund, 
he  shall  certify  to  the  board  of  supervisors  the  amount  so  fixed, 
and  at  the  same  time  shall  certify  the  amount  of  schoolhouse  tax 
voted  at  any  regular  or  special  meeting.  In  case  a  schoolhouse  tax 
is  voted  by  a  special  meeting  after  the  above  certificate  has  been 
made  and  prior  to  the  first  day  of  September  following,  he  shall 
forthwith  certify  the  same  to  the  board  of  supervisors.  He  shall 
also  certify  to  such  board  any  provision  made  by  the  board  of  direct- 
ors for  the  payment  of  principal  or  interest  of  bonds  lawfully  issued. 
[C.73,  §§  1777,  1823;  R,  §§  2037,  2044.] 

SEC.  2768.  Duties  of  treasurer — payment  of  warrants. 
The  treasurer  shall  receive  all  moneys  belonging  to  the  corporation, 
pay  the  same  out  only  upon  the  order  of  the  president  countersigned 
by  the  secretary,  keeping  an  accurate  account  of  all  receipts  and 

2.  The  blanks  for  the  annual  report  of  the  secretary  are  furnished  by  the 
state,  through  county  superintendents.     The  secretary  should   copy  the  report 
required  by  this  section,  in  the  district  records.     If  the  original  report  is  filed  in 
his  office,  it  is  liable  to  be  destroyed  or  mislaid,  which  may  prove  detrimental  to 
the  interests  of  the  district. 

3.  Every  teacher  should  take  great  pains  to  keep  very  carefully  the  register 
required  by  section  2789,  in  order  that  the  report  required  by  this  section  may 
be  made  out  correctly.     By  the  teacher  doing  so  the  secretary  will  be  able  to 
make  his  annual  report  with  greater  ease,  and  with  added  accuracy. 

SECTION  2766.  It  is  very  important  that  the  secretary  should  file  the  certifi- 
cate with  the  county  officers  named,  immediately  after  the  regular  meeting  of  the 
board  in  March  and  September,  otherwise  funds  belonging  to  the  district  may  be 
paid  to  persons  not  authorized  to  receive  them.  Whenever  a  change  is  made  the 
county  officers  should  be  notified.  Form  22. 

SECTION  2768.  1.  The  language  of  this  section  is  very  explicit.  It  makes  the 
treasurer  the  custodian  of  all  moneys  belonging  to  the  district,  which  effectually 
precludes  the  idea  of  dividing  the  money  belonging  to  any  particular  fund  among 
the  subdistricts.  Decisions,  11. 

3 


34  SCHOOL   LAWS  OF  IOWA. 

expenditures  in  a  book  provided  for  that  purpose.  He  shall  regis- 
ter all  orders  drawn  and  reported  to  him  by  the  secretary,  showing 
the  number,  date,  to  whom  drawn,  the  fund  upon  which  drawn,  the 
purpose  and  amount.  The  money  collected  by  tax  for  the  erection 
of  schoolhouses  and  the  payment  of  debts  contracted  therefor  shall 

2.  The  treasurer  may  pay  out  the  funds  only  on  the  order  of  the  president, 
countersigned  by  the  secretary,  and  the  president  may  not  sign  an  order  unless 
he  is  authorized  to  do  so  by  the  board. 

3.  No  order  shall  be  drawn  on  the  district  treasury,  until  the  claim  for  \vhich 
it  is  drawn  has  been  audited  and  allowed.     Section  2780. 

4.  In  making  payment,  one  order  may  not  be  given  precedence  before  another. 
40  Iowa,  620. 

5.  Neither  the  electors  nor  the  board  may  authorize  the  treasurer  to  loan 
money  belonging  to  the  district.     Code,  section  4840,  as  note  10  to  section  2769. 

6.  The  treasurer  is  responsible  for  all  moneys  coming  into  his  hands  by  virtue 
of  his  office,  even  if  stolen  or  destroyed  by  lire.     The  board  has  no  authority  to 
release  him,  unless  he  accounts  in  full  for  all  moneys  received  by  virtue  of  his 
office.     37  Iowa,  550;  39  Iowa,  9;  40  Iowa,  130,  and  SO  Iowa,  497. 

7.  Having  the  consent  of  his  bondsmen,  the  treasurer  may  deposit  the  money 
in  some  safe  and  secure  bank.      The  treasurer  and  his  bondsmen  are  as  fully 
responsible  as  they  would  be  if  the  money  is  held  by  the  treasurer  in  person. 

8  The  spirit  of  our  law  forbids  the  electors  to  vote  schoolhouse  funds  to 
reimburse  a  treasurer  or  his  bondsmen  for  a  loss  of  the  money  belonging  to  the 
district.  There  is  no  way  under  the  law  in  which  the  treasurer  and  his  bonds- 
men may  be  released  from  absolute  liability. 

9.  There  is  no  authority  in  law  for  a  county  treasurer  and  a  district  treasurer 
to  keep  a  part  of  the  schoolhouse  fund  separate  as  a  so-called  highway  fund  or 
library  fund.     It  is  obvious  that  all  moneys  collected  as  voted  by  the  electors 
must  belong  to  the  schoolhouse  fnnd. 

10.  When  possible,  it  is  desirable  that  the  cost  of  removing  and  repairing 
schoolhouses  shall  be  paid  from  the  schoolhouse  fund.     If  there  is  no  schoolhouse 
fund  on  hand  unappropriated,  the  expense  of  removal,  if  not  too  considerable, 
may  be  paid  from  the  contingent  fund. 

11.  Contingent  fund  may  be  used  to  erect  a  flag  staff  upon  the  schooihouse  or 
a  flag  pole  upon  the  school  grounds  for  the  purpose  of  displaying  a  school  flag. 

12.  Minor  improvements,  such  as  the  erection  of  ordinary  outhouses,  fences, 
and  the  like,  may  be  paid  for  from  either  the  contingent  or  schoolhouse  fund. 

13.  Ordinary  repairs  should  be  charged  to  the  contingent  fund;  bat-  when 
such  repairs  assume  the  magnitude  of  a  rebuilding,  or  of  an  extensive  addition, 
they  should  be  charged  to  the  schoolhouse  fund. 

14.  Any  unappropriated  schoolhouse  fund  in  the  district  treasury  may  be  used 
for  the  erection  or  repair  of  schoolhouses,  at  the  discretion  of  the  board,  without 
action  of  the  electors. 

15.  The  cost  of  seating  new  school  houses  should  be  paid  from  the  schoolhouse 
fund.     The  law  does  not  authorize  the  use  of  the  contingent  fund  for  the  erection 
or  completion  of  schoolhouses,  but  when  a  house  needs  reseating  or  other  repairs, 
the  cost  may  be  defrayed  either  from  the  contingent  fund,  or  from  any  unappro- 
priated schoolhouse  fund  in  the  treasury.     25  Iowa,  436. 

16.  The  term  school  furniture,  as  generally  used  in  our  state,  means  school 
desks,  tables,  chairs,  and  such  similar  articles  as  are  closely  related  to  making  the 
schoolhouse  more  suitable  for  its  use  as  a  schoolhouse:  school  apparatus  has  .been 
understood  to  include  the  articles  mentioned  in  section  2783,  or  such  similar  arti- 
cles as  would  clearly  come  under  the  same  designation  for  use  in  the  schools  for 
the  purposes  of  instruction. 


SCHOOL   LAWS   OF   IOWA.  35 

be  called  the  schoolhouse  fund;  that  for  rent,  fuel,  repairs,  and 
other  contingent  expenses  necessary  for  keeping  the  school  in 
operation,  the  contingent  fund;  and  that  received  for  the  payment 
of  teachers,  the  teachers'  fund;  and  he  shall  keep  a  separate  account 
with  each  fund,  paying  no  order  that  fails  to  state  the  fund  upon 
which  it  is  drawn  and  the  specific  use  to  which  it  is  to  be  applied. 

17.  As  the  members  of  the  board  receive  no  pay  for  their  services,  if  boards 
subscribe  for  a  copy  of  any  journal  containing1  the  official  rulings  and  decisions  of 
this  department  to  aid  them  in  their  work,  they  have  the  right  to  pay  for  the 
same  from  the  contingent  fund. 

18.  Boards  have  no  authority  to  transfer  money  from  one  fund  to  another,  even 
temporarily,  unless  they  are  authorized  under  section  2749,  subsection  5,  to 
transfer  schoolhouse  fund  to  another  fund.     Notes  3  and  4  to  section  2810. 

19.  The  teachers'  fund  should  not  be  divided  among-  the  subdistricts,  equally, 
according  to  the  number  of  children,  or  upon  any  other  basis.     This  fund  can  be 
paid  out  only  to  teachers  for  services,  upon  orders  authorized  by  the  board. 

20.  The  treasurer  shall  pay  no  order  which  does  not  specify  the  fund  on  which 
it  is  drawn,  and  the  specific  use  to  which  the  money  is  applied. 

21.  Tuition  fees  collected  from  nonresidents  belong  to  the  teachers'  fund. 

22.  No  part  of  the  teachers'  fund  may  be  used  for  any  other  purpose  than  to 
pay  teachers  or  to  pay  tuition. 

23.  The  law  requires  both  the  secretary  and  treasurer  to  keep  a  register  of 
all  orders  drawn  on  the  district  treasury,  containing  a  record  of  each  item  enum- 
erated.    Form  26.  . 

24.  The  board  has  no  authority  to  make  a  contract  by  which  school  orders 
shall  draw  interest  before  their  presentation  nor  a  higher  rate  than  six  per  cent. 
90  Iowa,  53. 

25.  It  is  essential  that  the  treasurer  should  know  the  exact  amount  of  out- 
standing orders,  and  for  this  reason  the  secretary  is  required  to  report  to  him  all 
orders  drawn  on  the  district  treasury.     Section  2761. 

26.  The  register  provided  for  in  this  section  is  indispensable  to  the  treasurer, 
under  the  law  requiring  him  to  make  partial  payments  on  orders  when  he  has  not 
funds  sufficient  to  pay  them  in  full. 

27.  The  treasurer  may  rightly  object  to  paying  an  order  that  is  defective  in 
any  of  the  particulars  named.     It  is  especially  essential  that  the  purpose  for  which 
the  order  was  given  shall  be  written  in  the  order,  and  on  the  stub  in  the  order  book. 

28.  The  provision  as  to  partial  payment  applies  to  all  orders  on  that  fund. 
The  holder  of  an  order  drawn  to  pay  a  judgment  cannot  insist  on  its  being  satis- 
fied in  full  to  the  exclusion  of  other  orders.     40  Iowa,  620. 

29.  By  keeping  a  correct  account  of  the  orders,  as  by  form  20,  the  treasurer 
will  know  the  amount  outstanding,  and  can  readily  determine  what  per  cent  on 
each  he  can  pay  with  the  funds  on  hand. 

30.  Whenever  partial  payment  is  made,  the  treasurer  should  indorse  the  pay- 
ment on  the  order  and  take  a  receipt  for  the  amount  paid.     When  paid  in  full, 
the  order  should,  in  all  cases,  be  indorsed  by  the  person  presenting  it,  and  left 
with  the  treasurer.     It  is  then  a  voucher  for  the  amount  paid. 

31.  The  district  treasurer  should  make  payment  pro  rata  upon  all  outstanding 
orders  in  the  fund  on  which  such  order  is  drawn  and  should  indorse  an  order, 
when  requested,  so  that  amounts  unpaid  may  draw  six  per  cent  interest. 

32.  The  remedy  of  any  one  holding  an  order  which  the  treasurer  refuses  to 
pay  is  application  to  a  court  for  a  writ  to  compel  such  officer  to  make  payment. 
At  the  iinal  hearing  before  the  court  it  will  be  definitely  determined  whether  the 
order  is  of  such  character  that  it  should  be  either  paid  by-  the  treasurer  or 
indorsed  by  him  as  not  paid  for  want  of  funds. 


36  SCHOOL   LAWS  OF   IOWA. 

Whenever  an  order  cannot  ba  paid  in  full  out  of  the  fund  upon 
which  it  is  drawn,  partial  payment  may  be  made.  All  school  orders 
shall  draw  lawful  interest  after  being  presented  to  the  treasurer  and 
by  him  indorsed  as  not  paid  for  want  of  funds.  [C.  73,  §§  1747-50; 
R.,  §§  2048-50;  C.'51,  §§  1138-40.] 

Sosc.  2769.  Financial  statement.  He  shall  render  a  state- 
ment of  the  finances  of  the  corporation  whenever  required  by  the 
board,  and  his  books  shall  always  be  open  for  inspection.  He  shall 
make  an  annual  report  to  the  board  on  the  third  Monday  in  Septem- 
ber, which  shall  show  the  amount  of  the  teachers'  fund,  the  contin- 
gent fund,  and  the  schoolhouse  fund  held  over,  received,  paid  out, 

SECTION  2769.  1.  The  interest  and  protection  of  the  taxpayers  require  that 
•.sueh  settlement  should  be  made  at  least  twice  a  year,  and  more  frequently  if 
-deemed  necessary,  and  the  settlement  at  the  end  of  the  term  requires  that  the 
tfunds  and  property  shall  be  produced  and  fully  accounted  for,  and  that  these  facts 
rshould  be  indorsed  upon  the  new  bond  of  the  treasurer,  if  he  is  re-elected.  Code, 
section  1193,  quoted  in  note  8  below.  69  Iowa,  269,  and  91  Iowa,  198. 

2.  The  outgoing  treasurer  and  his  bondsmen  have  a  right  to  expect  and  to 
require  that  the  board  shall  make  a  complete  settlement,  and  the  treasurer  may 
demand  and  receive  written  evidence  that  such  settlement  is  complete. 

3.  The  responsibility  of  the  treasurer  and  his  bondsmen  to  the  district  is 
absolute,  and  it  rests  with  the  treasurer  to  deposit  the  money  in  a  bank,  or  not, 
as  may  seem  best  to  him,  with  the  advice  of  his  bondsmen. 

4  It  is  not  within  the  power  of  even  the  electors  to  release  the  board  or  its 
officers  from  their  obligation  to  protect  the  funds  of  the  district. 

5.  The  sureties  on  an  official"  bond,  may  be  held  for  three  years  from  the  time 
that  it  is  presumed  an  irregularity  occurred.     Code,  section  3447.     91  Iowa,  198. 

6.  The  vouchers  of  the  treasurer  should  not  be  destroyed  until  after  three 
years  from  the  expiration  of  a  term  of  office.     The  stub  books  of  the  secretary 
should  also  be  retained,  and  not  destroyed  until  after  several  years. 

7.  In  making  settlement,  the  board  may  submit  a  difference  with  the  treas- 
urer, to  arbitration.     70  Iowa,  65. 

8.  When  the  incumbent  of  an  office  is  re-elected,  he  shall  qualify  as  above 
directed;  but  when  the  re-elected  officer  has  had  public  funds  or  property  in  his 
control,  under  color  of  his  office,  his  bond  shall  not  be  approved  until  he  has  pro- 
duced and  fully  accounted  for  such  funds  and  property  to  the  proper  person  to 
whom  he  should  account  therefor;  and  the  officer  or  board  approving  the  bond 
shall  indorse  upon  the  bond,  before  its  approval,  the  fact  that  the  said  officer  has 
fully  accounted  for  and  produced  all  funds  and  property  before  that  time  under 
his  control  as  such  officer     Code,  section  1193. 

9.  When  it  is  ascertained  that  the  incumbent  is  entitled  to  hold  over  by 
reason  of  the  nonelection  of  a  successor,  or  for  the  neglect  or  refusal  of  the 
successor  to  qualify,  he  shall  qualify  anew,  within  the  time  to  be  fixed  by  the 
board  or  officer  who  approves  the  bond  of  such  officer.     Code,  section  1195. 

10.  If  any  state,  county,  township,  school  or  municipal  officer,  or  officfer  of  any 
state  institution,  or  other  public  officer  within  the  state,  charged  with  the  collec- 
tion, safe  keeping,  transfer  or  disbursement  of  public  money  or  property,  fails  or 
refuses  to  keep  the  same  in  any  place  of  custody  or  deposit  that  may  be  provided 
by  law  for  keeping  such  money  or  property  until  the  same  is  withdrawn  there- 
from as  authorized  by  law,  or  keeps  or  deposits  such  money  or  property  in  any 
other  place  than  in  such  place  of  custody  or  deposit,  or  unlawfully  converts  to  his 
own  use  in  any  way  whatever,  or  uses  by  way  of  investment  in  any  kind  of  prop- 
erty, or  loans  without  the  authority  of  law,  any  portion  of  the  public  money 
intrusted  to  him  for  collection,  safe  keeping,  transfer  or  disbursement,  or  con- 
verts to  his  own  use  any  money  or  property  that  may  come  into  his  hands  by 


SCHOOL  LAWS   OF  IOWA.  37 

and  on  hand,  the  several  funds  to  be  separately  stated,  and  he  shall 
immediately,  file  a  copy  of  this  report  with  the  county  superintendent. 
[16  G.  A.,  ch.  112,  §  2;  C.  73,  §  1751;  R,  §  2051;  C.'Sl,  §  1141.] 

SEC.  2770.  Surrendering  office  to  successor.  Each  school 
officer,  upon  the  termination  of  his  term  of  office,  shall  immediately 
surrender  to  his  successor  all  books,  papers  and  moneys  pertaining 
or  belonging  to  the  office,  taking  a  receipt  therefor.  [C. '73,  §  1791; 
R,  §2080.] 

SEC.  2771.  Quorum  of  board — filling  vacancies.  A  majority 
of  the  board  of  directors  of  any  school  corporation  shall  constitute  a 
quorum  for  the  transaction  of  business,  but  a  less  number  may 
adjourn  from  time  to  time.  Vacancies  occurring  among  the  officers 
or  members  shall  be  filled  by  the  board  by  ballot,  and  the  person 

virtue  of  his  office,  he  shall  be  guilty  of  embezzlement  to  the  amount  of  so  much 
of  said  money  or  the  value  of  so  much  of  said  property  as  is  thus  taken,  converted, 
invested,  used,  loaned  or  unaccounted  for,  and  shall  be  imprisoned  in  the  peni- 
tentiary not  exceeding  ten  years,  and  fined  in  a  sum  equal  to  the  amount  of  money 
embezzled  or  the  value  of  such  property  converted,  and  shall  be  forever  after 
disqualified  from  holding  any  office  under  the  laws  of  the  state.  Any  such  officer 
who  shall  receive  any  money  belonging  to  the  state,  county,  township,  school  or 
municipality  or  state  institution  of  which  he  is  an  officer  shall  be  deemed  to  have 
received  the  same  by  virtue  of  his  office,  and  in  case  he  fails  or  neglects  to  account 
therefor  upon  demand  of  the  person  entitled  thereto,  he  shall  be  deemed  guilty 
of  embezzlement,  and  shall  be  punished  as  above  provided.  Code,  section  4840. 

11.  The  blaaks  for  the  annual  report  of  the  treasurer  are  furnished  by  the 
state,  through  county  superintendents. 

12.  Treasurers  should  take  pains  to  mail  a  copy  of  this  report  at  once  to  the 
county  superintendent,  as  only  by  timely  attention  on  the  part  of  treasurers,  can 
the  county  superintendent  compile  and  forward  his  annual  report  to  the  superin- 
tendent of  public  instruction,  on  the  first  Tuesday  in  October. 

SECTION  2770.  The  language  of  this  section  includes  copies  of  the  school  laws, 
school  journals,  reports,  and  all  other  publications  which  may  be  received  by 
virtue  of  being  a  school  officer. 

SECTION  2771.  1.  In  the  absence  of  a  direct  provision  of  law,  or  of  a  by-law 
requiring  a  majority  vote  of  all  the  board,  or  one  providing  that  the  highest  vote 
shall  carry,  or  a  rule  imposing  some  other  limitation  upon  the  board,  a  majority 
of  the  votes  cast,  a  quorum  being  present,  will  carry  a  measure. 

2.  Boards  have  no  authority  to  remove  any  member  or  officer  of  the  board. 
Such  removal  may  be  made  only  by  the  courts.     Code,  section  1251. 

3.  Wilful  neglect  to  perform  duty  is  a  misdemeanor.     Code,  section  4904. 

4.  If  a  director  habitually  or  wilfully  neglects  the  duties  of  his  office  he  may 
perhaps  be  compelled  by  mandamus  to  perform  them  or  to  resign.     Section  2822. 

5.  A  vacancy  can  be  created  only  by  death,  removal,  resignation,  or  failure 
to  elect  at  the  proper  election,  there  being  no  incumbent  to  continue  in  office. 
Code,  section  1266.     A  failure  to  elect  or  qualify  does  not  create  a  vacancy,  for 
the  incumbent,  whether  elected  or  appointed,  continues  in  office' "until  his  suc- 
cessor is  elected  and  qualified."     Code,  section  1265.     If  the  incumbent  does  not 
qualify,  a  vacancy  exists. 

6.  School  directors  may  resign  at  any  time.   A  verbal  or  a  written  resignation 
may  be  tendered  to  the  board  when  in  session,  or  a  written  resignation  may  be 
handed  to  some  member  to  be  presented  at  a  subsequent  meeting,  for  acceptance 
by  the  board. 

7.  No  one  may  be  compelled  to  qualify  as  a  member  or  officer  of  the  board. 


38  SCHOOL   LAWS   OF   IOWA. 

receiving  the  highest  number  of  votes  shall  ba  declared  elected  and, 
shall  quality  as  if  originally  elected  or  appointed.  [24  G.  A. ,  ch. 
19;  C.,'73,  §§  1730,  1738;  R.,  §§  2037-8.] 

SEC.  2772.  Temporary  officers — course  of  study — regula- 
tions. The  board  shall  appoint  a  temporary  president  and  secre- 
tary, or  either  of  them,  in  the  absence  of  the  regular  officers,  and 
shall  prescribe  a  course  of  study  for  the  schools  of  the  corpora- 
tion, make  rules  and  regulations  for  its  own  government  and  that 
of  the  directors,  officers,  teachers  and  pupils,  and  the  care  of 
the  schoolhouse,  grounds  and  property  of  the  school  corporation, 

8.  If  a  subdistrict  is  divided,  so  as  to  form  a  new  one,  the  resident  director 
will  continue  to  act  as  though  no  change  had  been  made,  until  the  following  sub- 
district  election. 

9.  If  a  person  without  the  requisite  qualifications,  is  elected  a  member  of  the 
board  and  acts  with  the  board,  being  a  member  de  facto,  his  acts  will  be  valid,  but 
when  his  disqualification  becomes  known,  the  board  shall  declare  the  place 
vacant  and  appoint  his  successor.     23  Iowa,  96.     70  Northwestern  Reporter,  592- 

10.  A  board  may  ratify  or  adopt  such  acts  of  officers  de  facto  as  the  law  would 
permit  officers  dejure  to  perform. 

SECTION  2772.  1.  The  board  of  every  district  should  adopt  a  carefully  pre- 
pared course  of  study,  to  which  the  electors  may  add  other  branches. 

2.  The  law  does  not  prescribe  clearly  the  several  branches  that  shall  be  taught 
in  the  public  schools,  further  than  to  require  most  teachers  to  be  qualified  to  teach 
certain  branches  enumerated. 

3.  It  is  plainly  implied  that  the  common  branches  are  to  be  included  in  every 
course  of  study. 

4.  The  board  of  every  district  has  the  right  to  include  music,  drawing,  or  any 
other  branch,  in  the  course  of  study. 

5.  It  is  the  province  of  the  board  to  decide  what  branches  besides  those  named 
by  the  electors,  shall  be  included  in  the  course  of  study  and  taught  in  the  schools. 

6.  If  it  is  desired  that  higher  arithmetic,  or  any  other  advanced  study,  shall 
be  taught  in  one  or  more  schools  in  the  district,  the  board  should  inclu  e  such 
branch  in  the  course  of  study  for  such  school  or  schools. 

7.  The  electors  may  not  limit  or  restrict  the  board  as  to  a  course  of  study. 
The  most  that  the  electors  may  do  is  to  compel  the  board  to  provide  for  giving 
instruction  in  the  branches  ordered  by  the  electors  to  be  taught  during  the  year. 

8.  Graduating  exercises  are  a  part  of  the  course  of  study  and  the  board  may 
direct  what  exercises  shall  be  held  in  connection  with  the  closing  days  of  school. 

9.  In  mixed  schools  a  close  classification  is  very  desirable.     Time  is  saved, 
larger  classes  are  secured,  and  the  efficiency  and  discipline  of  the  school  are  pro- 
moted by  such  plan. 

10.  A  condition  may  exist  when  for  a  short  time  a  board  may  be  compelled  to 
provide  by  regulation  that  certain  pupils  shall  attend  only  one-half  of  the  day, 
and  others  of  the  same  grade  the  other  half.     But  such  arrangement  could  not  be 
regarded  as  a  permanent  one. 

11.  A  board  is  discharging  the  duty  incumbent  upon  it  to  provide  equal  school 
facilities  for  all  when  it  does  the  very  best  possible  to  overcome  difficulties,  and 
leaves  nothing  undone  which  it  might  properly  be  expected  to  do. 

12.  Legally  speaking,  the  management  of  the  schools  in  every  essential  respect 
is  entirely  within  the  control  of  the  board.     Teachers  and  scholars  are  governed 
by  the  reasonable  rules  and  regulations  adopted  by  the  board.     In  the  absence  of 
a  rule  upon  any  special  subject  the  action  of  a  teacher  is  supposed  to  be  in  effect 
the  act  of  the  board  until  such  action  is  set  aside  or  disclaimed  by  an  order  of  the 
board  directing  otherwise. 


SCHOOL  LAWS   OP  IOWA.  39 

and  aid  in  the  enforcement  of  the  same,  and  require  the  performance 
of  duty  by  said  persons  not  in  conflict  with  law  and  said  rules  and 
regulations.  [C.78,  §§  1730,  1737;  R.,  §  2037.] 

SEC.  2773.  Sch.oolh.ouse  site — division  of  district — length 
of  school.  It  may  fix  the  site  for  each  sshoolhouse,  taking  into 

13.  It  is  within  the  power  of  the  board  to  require  such  reports  from  teachers 
as  seem  desirable  for  the  information  of  the  board.     It  may  require  reports  weekly, 
monthly,  by  the  term,  by  the  year,  or  all  of  these  together.     It  is  the  duty  of 
teachers  to  comply  with  the  regulations  of  the  board,  so  far  as  it  is  within  the 
power  of  the  teachers  to  do  so. 

14.  Each  board  has  exclusive  control  of  the  schoolhouses  in  its  district,  unless 
the  school  township  meeting  has  otherwise  ordered. 

SECTION  2773.  1.  The  power  to  locate  sites  for  schoolhouses  is  vested,  origi- 
nally, exclusively  in  the  board.  This  authority  should  be  exercised  with  great 
care,  and  without  prejudice.  Decisions,  25  and  33. 

2.  The  wishes  of  the  people,  for  whom  the  house  is  designed,  should  be  con- 
sulted as  far  as  practicable,  taking  into  account  prospective  as  well  as  present 
convenience.     Decisions,  17,  21  and  59. 

3.  A  vote  of  the  electors  upon  matters  which,  by  the  law  are  to  be  determined 
by  the  board,  is  not  binding  upon  the  board,  but  is  only  suggestive  to  it.     In  such 
matters  the  board  will  still  be  left  free  to  exercise  the  large  discretion  vested  in 
it  by  the  law. 

4.  The  location  of  schoolhouse  sites  is  an  exclusive  prerogative  of  the  board. 
The  electors  may  not  definitely  limit  a  board  by  vote  or  instructions. 

5  A  suggestion  from  the  electors  may  be  taken  into  account  by  the  board  and 
given  such  weight  as  there  is  value  in  the  reasons  upon  which  the  expressed  wish 
of  the  electors  is  based. 

6.  The  board  is  required  to  exercise  its  official  judgment  in  making  the  loca- 
tion best  suited  to  the  needs  of  all  the  people  in  the  district.     The  bearing  of  the 
law  is  the  same  in  all  districts. 

7.  There  is  nothing  in  the  law  fixing  a  standard  as  to  what  is  to  be  considered 
a  reasonable  distance  for  children  to  travel  to  school.     Attendance  in  an  adjoin- 
ing district  under  such  circumstances  as  to  secure  the  payment  of  tuition  to  the 
adjoining  district  is  governed  by  the  provisions  of  section  2803. 

8.  There  are  many  obvious  reasons  why  a  schoolhouse  site  should  not  be 
located  away  from  the  highway.     It  is  highly  desirable  that  the  necessary  high- 
ways to  a  new  site  should  be  open  before  a  schoolhouse  is  placed  upon  such  site. 

9  The  removal  of  a  schoolhouse  to  another  site  within  the  same  subdistrict 
is  entirely  within  the  control  of  the  board,  and  a  vote  of  either  the  electors  of  the 
subdistrict  or  of  the  school  township  will  be  only  suggestive.  81  Iowa,  335. 

10.  A  road  to  the  schoolhouse  may  be  established  in  the  same  manner  and  by 
the  proceedings  provided  for  the  establishment  of  highways  in  general,  and  when 
the  damages  have  been  assessed,  the  district  may  pay  the  same. 

11.  The  expense  that  is  intended  shall  be  paid  by  the  district  is  not  more 
than  that  of  surveying,  locating  and  establishing  the  highway.     The  building 
of  bridges  and  the  repair  of  the  road  with  the  funds  of  the  district  would  not  be 
warranted  by  the  law. 

12.  After  a  highway  has  become  legally  established  it  is  wholly  and  entirely 
under  the  control  of  the  board  of  supervisors.     Code,  section  1482. 

13.  The  location  of  a  schoolhouse  is  not  necessarily  made  to  depend  upon  the 
boundaries  of  the  subdistrict  in  which  the  house  is  located,  as  by  the  former  law. 

14.  The  removal  of  a  schoolhouse  from  the  subdistrict  must  be  first  ordered 
by  the  electors,  at  the  township  meeting.     Decisions,  13. 


40  SCHOOL  LAWS   OF  IOWA. 

consideration  the  geographical  position,  number  and  convenience  of 
the  scholars ,  provide  for  the  fencing  of  schoolhouse  sites,  determine 
the  number  of  schools  to  be  taught,  divide  the  corporation  into  such 
wards  or  other  divisions  for  school  purposes  as  may  be  proper, 
determine  the  particular  school  which  each  child  shall  attend,  and 

15.  As  a  change  of  boundaries  between  subdistricts  does  not  take  effect  until 
the  subdistrict  meeting  in  March,  the  board  may  not  move  the  schoolhouse  to 
accommodate  the  proposed  new  conditions,  until  after  that  time. 

16.  If  possible,  the  district  should  own   the  sites.    A   perfect  title  should 
be  secured,  and  the  warranty  deed  recorded,  before  commencing  to  build. 

17.  The  property  should  be  conveyed  to  the  district  in  its  corporate  name.    The 
deed  should  be  recorded  and  afterwards  filed  with  the  president.     Form  28. 

18.  A  public  square  may  be  transferred  to  an  independent  school  district,  for 
public  school  purposes.     Code,  sections  931-932. 

19.  In  purchasing  the  grounds  for  schoolhouse  purposes,  the  president  should 
require  an  abstract  of  title  and  satisfy  himself  that  the  property  is  free  from 
incumbrance. 

20.  The  site  should  contain  not  less  than  one  acre  of  ground,  ordinarily,  and 
this  exclusive  of  highway. 

21.  The  provisions  of  section  2814  do  not  apply  when  the  site  is  purchased. 

22.  The  law  does  not  provide  the  number  to  be  accommodated  by  a  new  house 
in  order  that  one  may  be  built. 

23.  There  is  nothing  in  law  to  prevent  the  erection  of  more  than  one  school- 
house  in  a  subdistrict.     69  Iowa,  533.     Decisions,  53. 

24.  The  rights,  privileges  and  obligations  of  the  district  as  regards  partition 
fences  with  adjoining  property  are  the  same  as  those  of  any  other  occupant. 

25.  The  legal  obligations  of  the  district  are  the  same  as  those  of  any  other  land 
owner,  with  regard  to  fencing.     Sometimes  a  district  desires  to  maintain  a  differ- 
ent or  better  fence  than  can  be  required  of  the  party  joining.     In  such  cases  it  is 
quite  customary  for  districts  to  build  the  whole  fence. 

26.  A  partition  fence  may  be  made  tight  by  the  party  desiring  it.     Code,  sec- 
tion 2367. 

27.  Any  question  upon  which  there  is  a  difference  of  opinion  between  parties 
should  be  submitted  to  the  township  trustees,  who  act  as  fence  viewers,  and  deter- 
mine matters  in  controversy. 

28.  The  property  of  school  districts  in  cities  and  towns  is  not  exempt  from 
special  taxation,  for  improvement  of  streets  and  laying  of  sidewalks.     55  Iowa,  150. 

29.  The  district  has  the  same  right  to  the  full  and  proper  use  of  the  school- 
house  property  as  any  individual  has  of  his  property,  or  as  any  other  corporation 
has  of  its  property. 

30.  In  an  extreme  case  it  may  be  necessary  to  bring  an  action  in  the  name  of 
the  state  before  a  peace  officer  ag'ainst  any  person  or  persons  wilfully  or  unlaw- 
fully persisting  in  trespassing  upon  the  schoolhouse  grounds  or  wilfully  interfer- 
ing with  or  disturbing  the  quiet  and  uninterrupted  progress  of  a  public  school. 

31.  If  any  tramp  or  vagrant,  without  permission,  enter  any  schoolhouse  or 
other  public  building  in  the  nighttime,  when  the  same  is  not  occupied  by  another 
or  others  having  proper  authority  to  be  there,  or,  having  entered  the  same  in  the 
daytime,  remain  in  the  same  at  night  when  not  occupied  as  aforesaid,  or  at  any 
time  commit  any  nuisance,  use,  misuse,  destroy  or  partially  destroy  any  private  or 
public  property  therein,  he  shall  be  imprisoned  in  the  penitentiary  not  more  than 
three  years,  or  be  fined  nou  exceeding  one  hundred  dollars  and  imprisoned  in  the 
county  jail  not  more  than  one  year.     Code,  section  4793. 

32.  The  board  should  require  from  parties  desiring  to  use  the  schoolhouse, 
security  for  its  proper  use  and  protection  from  other  injury  than  natural  wear. 


SCHOOL  LAWS   OF   IOWA.  41 

designate  the  period  each  school  shall  be  held  beyond  the  time 
required  by.  law.  Every  school  shall  be  free  of  tuition  to  all  actual 
residents  between  the  ages  of  five  and  twenty-one  years,  and  each 
school  regularly  established  shall  continue  for  at  least  twenty-four 
weeks  of  five  school  days  each,  in  each  school  year  commencing  the 

33.  It  is  proper  to  permit  the  use  of  schoolhouses  for  the  purpose  of  public 
worship  on  Sunday,  or  for  religious  services,  public  lectures  on  moral  or  scientific 
subjects,  or  meetings  on  questions  of  public  interest,  on  the  evenings  of  the  week, 
or  at  any  time  when  such  use  will  not  interfere  with  the  regular  progress  of  the 
school.     35  Iowa,  194. 

34.  It  is  not  in  accordance  with  the  meaning  of  the  law  and  the  decisions  of 
the  courts  to  allow  a  schoolhouse  to  be  used  for  a  purpose  requiring  an  admission 
fee.     This  does  not  prevent  a  contribution  being  taken,  but  we  think  free  admis- 
sion should  not  be  denied. 

35.  It  is  believed  that  no  discrimination  should  be  made  as  to  who  may  attend 
meetings  held  in  a  schoolhouse.     To  make  membership  in  a  particular  society  a 
test  for  attendance  upon  the  meeting  would  seem  to  be  in'  conflict  with  the  inten- 
tion of  the  law. 

36.  The  use  of  a  public  school  building  for  Sabbath-schools,  religious  meetings, 
debating  clubs,  temperance  meetings,  and  the  like,  is  proper.     Especially  is  this 
so  where  abundant  provision  is  made  for  securing  any  damages  which  the  tax- 
payer may  suffer  by  reason  of  the  use  for  the  purposes  named.    The  use  of  a  school- 
house  for  such  purposes,  when  so  authorized,  is  not  prohibited  by  section  3,  article 
1,  of  the  constitution.    50  Iowa,  11. 

37.  In  precincts  outside  of  cities  and  towns  the  election  shall  be,  if  practicable, 
held  in  the  public  school  building,  for  the  use  of  which  there  shall  be  no  charge, 
but  all  damage  to  the  building  or  furniture  shall  be  paid  by  the  county.     Code, 
section  1113. 

38.  If  any  person  wilfully  write,  make  marks  or  draw  characters  on  the  walls 
or  any  other  part  of  any  church,  college,  academy,  schoolhouse,  courthouse  or 
other  public  building,  or  on  any  furniture,  apparatus  or  fixtures  therein;  or  wil- 
fully injure  or  deface  the  same,  or  any  wall  or  fence -inclosing  the  same,  he  shaD 
be  fined  not  exceeding  one  hundred  dollars,  or  imprisoned  in  the  county  jail  not 
more  than  thirty  days.    Code,  section  4802. 

39.  If  any  person  wilfully  disturb  any  assembly  of  persons  met  for  religious 
worship  by  profane  discourse  or  rude  and  indecent  behavior,  or  by  making  a  noise, 
either  within  the  place  of  worship  or  so  near  as  to  disturb  the  order  and  solem- 
nity of  the  assembly,  or  if  any  person  wilfully  disturb  or  interrupt  any  school, 
school  meeting,  teachers'  institute,  lyceum,  literary  society  or  other  lawful  assem- 
bly of  persons,  he  shall  be  punished  by  imprisonment  in  the  county  jail  not  more 
than  thirty  days,  or  by  fine  not  exceeding  one  hundred  dollars.     Section  4959. 

40.  There  are  no  holidays  during  which  teachers  are  exempted  by  the  law 
from  teaching,  unless  excused  by  the  board.     A  legal  contract  requires  twenty 
days  of  actual  service  for  a  month. 

41.  In  this  state,  by  common  consent  and  universal  custom,  New  Year's, 
Memorial  Day,  Fourth  of  July,  Christmas,  and  any  day  recommended  by  the 
governor  or  the  president  as  a  day  of  thanksgiving,  are  observed  as  holidays. 

42.  It  is  the  commendable  custom  with  very  many  boards,  to  allow  teachers 
and  scholars  the  so-called  holidays,  and  to  pay  the  teachers  as  if  those  days  had 
been  taught. 

43.  There  is  no  provision  of  law  giving  teachers  time  to  visit  other  schools. 
Boards  often  grant  teachers  this  privilege,  under  proper  restrictions. 

44.  By  consent  of  the  board,  an  occasional  Saturday  may  be  taught.     But  as 
five  days  are  a  school  week,  the  practice  is  not  to  be  commended. 


42  SCHOOL  LAWS   OF  IOWA. 

third  Monday  in  March,  unless  the  county  superintendent  shall 
authorize  the  board  to  shorten  this  period  in  any  one  or  more 
schools,  when  in  his  judgment  there  are  sufficient  reasons  for  so 
doing.  No  school  shall  be  in  session  during  the  time  of  holding 
a  teachers'  institute  except  by  written  permission  of  the  county 

45.  If  no  action  has  been  taken  by  the  board  and  the  contract  contains  no  pro- 
vision relating-  to  the  matter,  the  custom  prevailing-  in  that  school  will  probably 
g-overn  as  to  the  matter  of  beginning-  and  closing  school  sessions,  intermissions, 
and  other  like  particulars.     It  is  well  for  the  board  and  the  teacher  to  have  an 
agreement  in  matters  of  this  kind. 

46.  While  the  written  law  does  not  specify  the  length  of  a  school  day,  almost 
universal  custom  has  made  it  six  hours.     The  board  has  the  power  to  shorten  this 
time  somewhat  if  thought  best.     If  no  action  has  been  taken  by  the  board,  and  a 
contract  contains  no  provision  relating1  to  the  matter,  the  custom  prevailing-  in 
the  district  will  probably  g'overn. 

47.  It  is  within  the  power  of  the  board  to  extend  the  hours  of  school,  within 
reasonable  limits,  and  when  necessary  it  may  maintain  a  nig-ht  school.     No  person 
may  receive  pay  from  the  funds  of  the  district  for  giving-  instruction  outside  of 
the  school  hours  fixed  by  the  board  nor  for  teaching-  without  a  certificate  to  teach 
the  particular  branch  or  branches  in  which  instruction  is  given. 

48  It  is  entirely  within  the  discretion  of  the  board  to  determine  the  number 
of  months  of  school,  the  time  when  schools  begin,  the  length  of  term,  and  such 
other  questions 

49.  As  regards  the  length  of  time  during  which  schools  are  to  be  taught, 
twenty-four  weeks  is  the  minimum.     The  maximum  is  unlimited,  except  as  by 
section  2806,  limiting  the  amount  of  taxes  for  contingent  and  teachers'  fund. 

50.  The  regular  schools  of  the  district  should  be  kept  in  session  an  equal 
number  of  months. 

51.  A  suggestion  or  vote  of  the  electors  upon  any  of  these  matters  will  have 
no  binding  force  upon  the  board,  but  such  suggestions  may  be  given  such  weight 
by  the  board  as  they  choose  to  give  them. 

52.  Attendance  is  not  necessarily  governed  by  subdistrict  lines.     The  board 
may  determine  what  school  in  the  district  children  shall  attend,  without  regard 
to  the  boundaries  of  subdistricts. 

53.  Subdistrict  lines  determine  who  may  vote  for  director  of  the  subdistrict, 
and  also  fix  the  limits  of  taxation,  if  the  voters  of  a  subdistrict  vote  a  schoolhouse 
tax  upon  the  subdistrict. 

54.  Usually  and  naturally  in  school  townships  the  subdistrict  will  form  a  suit- 
able division  for  attendance.     But  to  determine  where  children  shall  attend,  the 
board  may  fix  other  limits  than  subdistrict  lines. 

55.  Poor  children,  when  cared  for  at  the  poor-house,  shall  attend  the  district 
school  for  the  district  in  which  such  house  is  situated,  and  a  ratable  proportion 
of  the  cost  of  the  school,  based  upon  the  attendance  of  such  poor  children  to  the 
total  number  of  days'  attendance  thereat,  shall  be  paid  by  the  county  into  the 
treasury  of  such  school  district,  and  charged  as  part  of  the  expense  of  supporting 
the  poor-house.     Code,  section  2249. 

56.  Unless  the  county  superintendent  finds  it  quite  impracticable   that  a 
school  should  be  held,  and  releases  the  board,  it  is  required  by  law  to  continue  a 
school  regularly  established. 

57.  If  a  board  does  not  maintain  a  school  and  does  not  secure  the  release  from 
the  county  superintendent,  then  any  one  legally  interested  may  apply  to  a  court 
for  a  writ  to  compel  the  board  to  perform  its  duty  in  the  matter  and  to  supply 
school  privileges. 

58  The  board  may  establish  more  than  one  school  when  necessary  for  the 
accommodation  of  the 'children,  subject  to  the  limitations  in  section  2806. 


SCHOOL  LAWS   OP  IOWA.  43 

superintendent.  [19  G.  A.,  ch.  172,  §  21;  17  G.  A.,  ch.  54;  15  G.  A., 
ch.  57;  C.'73,  §§  1724,  1727,  1769;  R.,  §§  2023,  2037.] 

SEC.  2774.  Renting  room — instruction  in  other  schools- 
transportation  of  children.  It  may,  when  necessary,  rent  a  room 
and  employ  a  teacher,  where  there  are  ten  children  for  whose  accom- 
m Delation,  there  is  no  schoolhouse;  and  when  the  board  is  released 
from  its  obligation  to  maintain  a  school,  or  when  children  live  at  an 
unreasonable  distance  from  their  own  school,  the  board  may  contract 
with  boards  of  other  school  townships  or  independent  districts  for 
the  instruction  of  children  thus  deprived  of  school  advantages,  in 
any  school  therein,  and  the  cost  thereof  shall  be  paid  from  the  teach- 
ers' fund.  And  when  there  will  be  a  saving  of  expense,  and  children 
will  also  thereby  secure  increased  advantages,  it  may  arrange  with 
any  person  outside  the  board  for  the  transportation  of  any  child  to 
and  from  school  in  the  same  or  in  another  corporation,  and  such 
expenses  shall  be  paid  from  the  contingent  fund.  [21  G.  A.,  ch.  124; 
16  G.  A.,  ch.  109;  C.73,  §  1725.] 

SEC.  2775.  Instruction  as  to  stimulants,  narcotics  and 
poisons.  It  shall  require  all  teachers  to  give  and  all  scholars  to 
receive  instruction  in  physiology  and  hygiene,  which  study  in  every 
division  of  the  subject  shall  include  the  effects  upon  the  human  sys- 
tem of  alcoholic  stimulants,  narcotics  and  poisonous  substances. 
The  instruction  in  this  branch  shall  of  its  kind  be  as  direct  and  spe- 
cific as  that  given  in  other  essential  branches,  and  each  scholar  shall 

59.  The  board  has  power  to  provide  for  a  longer  period  of  school  than  twenty- 
four  weeks.     An  additional  school  in  a  rented  room  continues  during  such  time 
as  the  board  may  determine. 

60.  Inequalities  in  the  requirements  may  demand  that  varying  prices  should 
be  paid  as  wages  for  different  schools.     Decisions,  24. 

61.  The  school  year  for  school  purposes  should  be  regarded  as  beginning  on 
the  third  Monday  in  March,  when  a  new  board  enters  upon  its  duties.     The  year 
for  tjie  reports  closes  in  September. 

62.  All  the  youth  of  the  state  from  five  to  twenty-one  years  of  age,  irrespective 
of  religion,  race  or  nationality,  are  entitled  to  the  same  school  facilities.     While 
schools  may  be  graded  according  to  the  proficiency  of  pupils,  no  discrimination, 
such  for  instance  as  requiring  colored  pupils  to  attend  separate  schools,  can  be 
enforced.     24  Iowa,  266.  • 

SECTION  2774.  1.  The  board  cannot  provide  an  extra  school  for  the  accom- 
modation of  a  less  number  than  ten  persons  of  school  age.  Decisions,  34. 

2.  From  the  action  of  the  board  with  regard  to  an  additional  school,  an  appeal 
will  lie. 

3.  If  it  is  clearly  shown  to  the  county  superintendent  that  the  board  abused 
its  discretion  in  providing  or  in  refusing  to  provide  such  a  school,  he  may  on 
appeal  reverse  its  action,  and  do  what  the  board  might  have  done. 

4.  The  board  of  scholars  may  not  be  paid  by  the  district. 

SECTION  2775.  1.  This  study  must  begin  in  the  lowest  primary  class.  In 
what  grade  or  class  it  shall  be  completed  is  to  be  determined  by  the  board. 

2.  Primary  classes  must  be  instructed  orally,  as  the  children  are  not  old  enough 
to  use  or  comprehend  a  book.     But  this  oral  instruction  must  be  outlined  as  a 
course,  and  adopted  by  each  board. 

3.  The  portion  assigned  to  each  grade  or  class  should  be  thoroughly  mastered 
before  more  advanced  work  is  entered  upon. 

4.  The  work  will  be  best  accomplished  with  the  older  scholars  by  the  use  of  a 
suitable  text-book,  which  it  is  the  duty  of  every  board  to  select  and  adopt. 


44  SCHOOL  LAWS  OF  IOWA. 

be  required  to  complete  the  part  of  such  study  in  his  class  or  grade 
before  being  advanced  to  the  next  higher,  and  before  being  credited 
with  having  completed  the  study  of  the  subject.  [21  G.  A.,  ch.  1.] 
SEC.  2776.  Higher  schools — union  schools.  It  shall  have 
power  to  maintain  in  each  district  one  or  more  schools  of  a  higher 
order,  for  the  better  instruction  of  all  in  the  district  prepared  to 
pursue  such  a  course  of  study,  and  it  may  establish  graded  or  union 
schools  and  determine  what  branches  shall  be  taught  therein,  but 

5.  The  board  may  forbid  the  use  of  tobacco  on  the  school  grounds. 

6.  Teachers  should  be  careful  to  give  instruction  in  accordance  with  the  spirit 
of  the  law.     The  law  contemplates  that  the  noxious  effects  upon  the  system  of  the 
user  of  any  of  the  articles  named  shall  be  taught. 

7.  Many  other  harmful  effects,  very  properly  emphasized  in  public  lectures, 
are  not  required  to  be  taught  in  the  class  room. 

8.  It  is  not  out  of  place  to  emphasize  the  truth  that  total  abstinence  is  the 
only  sure  way  to  escape  the  evils  arising  from  the  use  of  alcoholic  drinks  and 
tobacco. 

9.  The  alarming  increase  of  the  cigarette  habit  calls  for  united  and  aggres- 
sive action  in  removing  from  the  growing  boy  as  far  as  we  can  possibly  do  so,  the 
temptation  and  opportunity  to  purchase  tobacco.     In  this  way  value  will  be  added 
to  the  instruction  required  to  be  given  in  all  public  schools  as  to  the  effects  of 
narcotics. 

10  We  urge  upon  all  teachers  to  co-operate  with  the  authorities  and  with  all 
other  persons  in  creating  and  fostering  a  sentiment  favoring  a  rigid  enforcement 
of  the  law  regarding  the  sale  or  giving  of  tobacco  to  boys.    Code,  section  5005. 

11  Every  scholar  must  study  physiology  and  hygiene,  including  the  effects  of 
stimulants  and  narcotics,  until  the  outline  upon  that  branch,  as  prepared  by  the 
board,  has  been  completed. 

12.  The  law  does  not  mean  that  a  scholar  must  necessarily  study  this  branch 
continuously  during  his  entire  school  life,  unless  the  course  of  study  adopted  by 
the  board  so  provides. 

13.  A  board  cannot  shift  the  responsibility  by  simply  providing  that  teachers 
shall  give  instruction  in  this  branch.     It  must  see  to  it  that  the  work  is  actually 
done  by  the  teachers,  as  the  law  requires. 

14.  To  teach  a  special  branch,  a  person  may  receive  a  certificate  for  that 
study  only,  and  is  not  required  also  to  be  examined  as  provided  for  teachers 
in  general.     Section  2736. 

15.  County  superintendents  should  know  that  every  teacher  is  complying  fully 
with  this  statute,  and  any  teacher  failing  or  refusing  to  teach  as  required,  may 
not  be  permitted  to  continue  in  the  work  of  teaching.     Section  2737. 

16.  The  proper  remedy  to  secure  an  enforcement  of  these  provisions,  as  of 
other  mandatory  requirements,  is  application  to  a  court  of  law  for  a  writ  of  man- 
damus.   Code,  section  4341. 

SECTION  2776.  1.  With  its  power  to  establish  and  maintain  graded  schools, 
every  board  is  invested  with  authority  to  prescribe  a  course  of  study  in  the  differ- 
ent branches  to  be  taught. 

2.  A  graded  school,  open  to  the  older  and  more  advanced  scholars,  may  be 
advantageously  established  at  some  central  point  in  the  district. 

3.  It  is  very  desirable  that  boards,  county  superintendent,  and  teachers  should 
work  together  in  efforts  to  classify  and  harmonize  the  work  to  be  done  in  the 
ungraded  schools.     Much  may  be  accomplished  by  concert  of  action  in  carrying- 
forward  some  uniform  method  of  classification  and  instruction. 

4.  The  electors  may  not  limit  or  restrict  the  board  to  the  adoption  of  a  course 
of  study  including  only  such  branches  as  the  electors  may  name.     Nor  may  the 
electors  direct  that  a  particular  branch,  or  certain  studies,  shall  not  be  taught. 


SCHOOL   LAWS   OF   IOWA.  45 

the  course  of  study  shall  be  subject  to  the  approval  of  the  superin- 
tendent of  public  instruction;  and  it  may  select  a  person  who  shall 
have  general  supervision  of  the  schools  in  any  district  subject  to  the 
control  of  the  board.  [C.  73,  §  1726;  R.,  §  2037.] 

SEC.  2777.  Kindergarten  department.  The  board  may  estab- 
lish within  any  independent  school  district,  in  connection  with  the 
common  schools,  kindergarten  departments  for  the  instruction  of 
children,  to  be  paid  for  ia  the  same  manner  as  other  grades  and 
departments.  Any  teacher  in  kindergartens  shall  hold  a  certificate 
from  the  county  superintendent  certifying  that  the  holder  thereof 
has  been  examined  upon  kindergarten  principles  and  methods,  and 
is  qualified  to  teach  in  kindergartens.  [26  G.  A.,  ch.  38.] 

SEC.  2778.  Contracts — election  of  teachers.  The  board  shall 
carry  into  effect  any  instruction  from  the  annual  meeting  upon  mat- 
ters within  the  control  of  the  voters,  and  shall  elect  all  teachers  and 
make  all  contracts  necessary  or  proper  for  exercising  the  powers 

It  is  the  province  of  the  board  to  decide  what  branches  besides  those  named  by 
the  electors,  shall  be  included  in  the  course  of  study  and  taught  in  the  schools. 

5.  The  best  use  of  the  term  graded  or  union  school  is  that  referring  to  a  group 
of  different  schools  or  rooms  containing  scholars  of  varying  ages  and  attainments, 
but  divided  by  rooms  and  classes  into  the  sections  in  which  each  may  do  the  best 
work  and  gain  for  himself  the  greatest  good. 

SECTION  2777.  It  may  well  be  doubted  whether  the  board  in  any  district 
may  provide  for  the  instruction  of  children  below  the  minimum  school  age.  The 
constitution  of  the  state  does  not  seem  to  contemplate  that  public  money  shall  be 
used  to  provide  schooling  for  any  below  five  years  of  age. 

SECTION  2778.  1.  The  law  requires  the  board  to  make  all  contracts  necessary 
to  carry  out  any  vote  of  the  district,  and  the  president  to  sign  all  contracts  made 
by  the  board.  Section  2759. 

2.  It  is  the  duty  of  the  board  to  make  contracts  for  the  erection  of  school- 
houses,  when  the  means  have  been  provided  by  the  electors. 

3.  The  electors  frequently  assume  to  exercise  powers  not  granted  them  by  the 
law   .  They  have  only  such  powers  as  are  specifically  named  in  the  law. 

4.  Boards  should  not  involve  the  district  in  an  indebtedness  for  the  erection 
of  schoolhouses  by  contracts  and  the  issue  of  orders  to  exceed  the  amount  voted 
by  the  electors,  or  of  available  schoolhouse  funds. 

5.  School  townships  have  no  authority  to  issue  bonds  or  other  evidences  of 
indebtedness  for  the  purpose  of  borrowing  money. 

6.  Unappropriated  schoolhouse  funds  may  be  disposed  of  by  the  electors, 
under  section  2749,  for  improvements,  such  as  fencing  schoolhouse  sites,  providing 
wells,  etc  ,  or  the  same  may  be  transferred  to  either  the  teachers'  or  contingent 
fund,  and  the  board  is  required  to  carry  out  the  vote  of  the  electors. 

7.  Any  unappropriated  schoolhouse  fund  in  the  district  treasury  may  be  used 
for  the  erection  or  repair  of  schoolhouses,  at  the  discretion  of  the  board,  without 
action  of  the  electors. 

8.  A  lightning  rod  may  be  supplied  as  a  part  of  a  new  house,  and  paid  for 
from  the  schoolhouse  fund.     51  Iowa,  4^2. 

9.  The  board  may  anticipate  the  levy  and  collection  of  schoolhouse  taxes 
already  voted,  and  issue  orders  to  build  as  directed  by  the  electors.     51  Iowa,  102. 

10.  A  vote  may  be  rescinded,  if  matters  have  not  become  involved  making 
such  reconsideration  impossible,  such  as  the  acceptance  of  a  contract  under  the 
vote  in  question,  or  the  filing  of  an  appeal. 

11.  All  teachers  must  be  selected  by  the  board  and  the  responsibility  of  choos- 
ing teachers  may  not  be  transferred  to  persons  outside  the  board. 


46  SCHOOL  LAWS  OF  IOWA. 

granted  and  performing  the  duties  required  by  law.  Contracts  with 
teachers  must  be  in  writing,  and  shall  state  the  length  of  time  the 
school  is  to  be  taught,  the  compensation  per  week  of  five  school 
days  or  month  of  four  weeks,  and  such  other  matters  as  may  be 

12.  If  a  director  desires  to  teach  the  school  in  his  own  subdistrict,  he  should 
resign  as  director. 

13.  Ordinarily  the  board  should  make  contracts  only  for  the  year  during 
which  it  serves. 

14.  Contracts  for  teaching  may  be  made  by  the  board  to  extend  beyond  the 
year,  if  the  contracts  are  made  in  good  faith  and  not  for  the  purpose  of  forestall- 
ing the  action  of  its  successors. 

15.  While  instances  may  occur  in  which  the  interests  of  the  district  will  be 
subserved  by  making  contracts  with  teachers  and  others,  which  will  not  expire 
for  months  after  a  change  of  officers,  courtesy  as  well  as  justice,  dictates  the 
impropriety  of  making  contracts  the  execution  of  which  will  embarrass  successors 
in  office. 

16.  While   we  may  not  give  any  opinion  upon  a  question  involving   the 
validity  of  a  contract,  we  advise  that  boards  of  directors  do  not  make  contracts 
with  teachers  for  a  longer  term  than  a  single  year. 

17.  The  board  should  grant  a  compensation  to  be  paid  the  teacher  according 
to  the  circumstances  and  requirements  of  each  school. 

18.  Contracts  must,  in  all  cases,  be  made  according  to  the  instructions  and 
directions  of  the  board,  and  after  being  made  they  should  be  reviewed  by  the 
board  before  any  work  is  done. 

19.  The  teacher  is  entitled  to  a  copy  of  the  contract.     This  copy  should  be 
signed  by  the  president,  and  in  all  other  respects  should  be  a  duplicate  of  the 
original  contract. 

20.  A  board  may  not  question  nor  discredit  in  any  manner  a  valid  certificate 
held  by  a  teacher,  but  any  .board  may  require  an  additional  examination  or 
demand  proof  of  special  attainments  desired  by  it  before  engaging  a  teacher. 

21.  If  the  board  adds  extra  branches  to  the  course  of  study  and  expects  them 
to  be  taught,  then  the  person  desiring  to  contract  as  teacher  must  first  secure  from 
the  county  superintendent  a  certificate  for  each  of  such  additional  branches. 

22.  To  the  branches  directed  by  the  electors  to  be  taught,  the  board  of  any 
district  may  add  such  other  branches  as  it  deems  best  to  have  taught.     But  before 
attempting  to  give  instruction  in  any  branch  the  teacher  must  have  a  certificate 
to  teach  such  branch. 

23.  It  is  the  duty  of  our  school  authorities  to  provide  for  schools  having  non- 
English  speaking  scholars,  the  best  instruction  available,  in  order  that  all  the 
children  may  acquire  rapidly  a  correct  use  of  English,  and  become  acquainted 
as  soon  as  possible,  with  the  spirit  and  genius  of  our  American  institutions. 

24.  A  court  will  be  likely  to  hold  that  an  oral  agreement  with  a  teacher  is  u 
verbal  contract,  and  that  either  of  the  parties  may  be  compelled  subsequently  to 
execute  the  written  instrument. 

2o.     A  court  will  be  likely  to  hold  that  a  contract  to  teach  made  with  a  mem- 
ber of  the  board  is  in  violation  of  law,  contrary  to  public  policy,  and  void. 

26.  There  is  no  direct  provision  of  law  to  prevent  the  hiring  of  a  relative  or 
connection  of  a  member  of  the  board  as  teacher. 

27.  A  contract  violating  the  terms  of  the  law  is  wholly  illegal  and  void,  unless 
indeed  the  persons  signing  such  contract  expect  to  be  held  personally  for  its  per- 
formance.    37  Iowa,  314. 

28.  The  law  provides  the  manner  in  which  a  teacher  may  be  discharged,  and 
the  parties  to  the  contract  may  not  attempt  to  provide  any  other  method  of  ter- 
minating the  contract.     82  Iowa,  686. 


SCHOOL   LAWS  OF  IOWA.  47 

agreed  upon,  signed  by  the  president  and  teacher,  and  filed  with  the 
secretary  before  the  teacher  commences  to  teach  under  such  con- 
tract. [22  G.  A.,  ch.  60;  0.73,  §§  1723,  1757;  R.,  §§  2037,  2055.] 

SEC.  2779.  Erection  or  repair  of  schoolhouse.  It  shall  not 
erect  a  schoolhouse  without  first  consulting  with  the  county  super- 
intendent as  to  the  most  approved  plan  for  such  building  and  secur- 
ing his  approval  of  the  plan  submitted,  nor  shall  any  schoolhouse 
be  erected  or  repaired  at  a  cost  exceeding  three  hundred  dollars 
save  under  an  express  contract  reduced  to  writing,  and  upon  pro- 
posals therefor,  invited  by  advertisement  for  four  weeks  in  some 
newspaper  published  in  the  county  in  which  the  work  is  to  be  done, 

29.  Any  person  interested  in  having  a  verbal  contract  carried  into  execution 
may  apply  to  a  court  for  a  writ  of  mandamus  to  compel  the  signing  of  the  written 
contract.     In  this  way  all  matters  in  controversy  will  be  brought  before  a  court 
in  such  a  manner  as  to  secure  a  speedy  and  conclusive  determination  of  the  differ- 
ent questions  involved. 

30.  All  matters  agreed  upon  should  be  incorporated  into  the  written  contract. 
The  tendency  of  our  courts  is  to  presume  that  the  Avritten  contract  embraces  the 
entire  agreement  of  the  parties.     52  Iowa,  130. 

31.  Without  special  mention  in  the  teacher's  contract,  it  is  understood  that 
only  the  usual  common  branches  and  those  included  in  the  course  of  study  for  the 
school,  are  expected  to  be  taught. 

32.  The  president  should  require  the  teacher  to  produce  the  certificate,  which 
he  should  carefully  examine  before  signing  the  contract. 

33.  If  it  is  desired  that  branches  additional  to  those  included  in  the  certificate 
had  by  the  teacher  shall  be  taught,  such  fact  should  be  mentioned  as  a  part  of  the 
contract,  and  the  teacher  is  required  to  have  the  certificate  for  such  additional 
branch  or  branches,  before  beginning  to  teach. 

SECTION  2779.  1.  Before  making  a  contract  great  pains  should  be  taken  to 
obtain  the  best  possible  plan  for  the  building.  On  this  point  the  law  requires 
consultation  with  the  county  superintendent.  The  .written'  approval  of  the  plan 
by  the  county  superintendent  should  be  secured. 

2.  Contracts  for  the  erection  or  repair  of  school  houses,  or  for  material  for  the 
same,-exceeding  $300,  cannot  be  entered  into  until  .proposals  have  been  published 
at  least  twenty-eight  days.     Repairs  include  furniture. 

3.  After  the  contract  is  executed,  it  should  be  changed  with  caution,  or  the 
sureties  may  be  released.     50  Iowa,  98. 

4.  Contracts  made  in  violation  of  the  terms  of  this  section  are  illegal.     Their 
fulfillment  may  be  prevented  by  injunction. 

5.  The  local  board  of  health  has  undoubted  right  to  condemn  and  close  for 
use  as  a  schoolhouse  a  building  unfit  for  such  purpose.     Section  2568. 

6.  The  district  may  not  form  a  partnership  in  building  a  schoolhouse. But 
this  does  not  prevent  receiving  donations  and  granting  privileges. 

7.  District  property  is  exempt  from  general  taxation,  from  execution,  from 
garnishment,  and  from  mechanic's  lien. 

8.  A  schoolhouse,  being  public  property,  is  not  subject  to  execution  and  there- 
fore is  not  subject  to  a  mechanic's  lien.     51  Iowa,  70. 

9  A  school  township  may  not  issue  bonds  to  build.  When  a  schoolhouse  tax 
has  been  voted,  the  board  may  anticipate  its  levy  and  collection  and  issue  orders 
to  build.  Such  orders  may  not  bear  a  higher  rate  of  interest  than  six  per  cent.  50 
Iowa,  102.  Note  9  to  section  2778. 

10.  In  building  a  schoolhouse,  it  is  important  to  secure  plans  of  the  building, 
with  full  specifications  as  to  its  dimensions,  style  of  architecture,  number  and  size 
of  windows  and  doors,  quality  of  materials  to  be  used,  what  kind  of  roof,  number 
of  coats  of  paint,  of  what  material  the  foundation  shall  be  constructed,  its  depth 


48  SCHOOL   LAWS   OF   IOWA. 

and  the  contract  shall  be  let  to  the  lowest  responsible  bidder,  bonds 
with  sureties  for  the  faithful  performance  of  the  contract  being 
required,  but  the  board  may  reject  any  and  all  bids  and  advertise 
fo  new  ones.  [C.  73,  §  1723;  R.,  g  2037.] 

SEC.  2780.  Allowance  of  claims — settlements — compensa- 
tion of  officers.  It  shall  audit  and  allow  all  just  claims  against  the 
corporation,  and  no  order  shall  be  drawn  upon  the  treasury  until  the 
claim  therefor  has  been  audited  and  allowed;  it  shall  from  time  to 
time  examine  the  accounts  of  the  treasurer  and  make  settlements 
with  him;  shall  present  at  each  regular  meeting  of  the  electors  a 
full  statement  of  the  receipts  had  and  expenditures  made  since  the 

below  and  its  height  above  the  surface  of  the  ground,  the  number  and  style  of 
chimneys  and  flues,  the  provisions  for  ventilation,  the  number  of  coats  of  plaster- 
ing and  style  of  finish,  and  all  other  items  in  detail  that  may  be  deemed  necessary. 
The  plans  and  specifications  should  be  attached  to  the  contract,  and  the  whole 
filed  with  the  secretary. 

11.  When  a  schoolhouse  is  built  or  repaired  under  contract,  the  board  should 
not  neglect  to  examine  the  work  carefully  in  order  to  determine  that  the  contract 
has  been  fully  complied  with,  before  it  directs  the  payment  of  money. 

12.  The  aggregate  amount  to  which  the  sureties  are  required  to  qualify  is 
double  the  amount  of  the  bond  required.    Code,  section  358. 

13.  As  a  rule  it  is  unsuitable  for  a  member  of  the  board  to  become  a  surety 
for  an  officer  of  the  board,  or  to  appear  as  surety  upon  any  other  bond  which  is  to 
receive  the  approval  of  the  board. 

14.  The  board  is  sole  judge  as  to  what  constitutes  the  lowest  responsible  bid- 
der.    If  the  contract  is  regular  in  other  respects,  a  court  would  not  be  likely  to 
interfere,  although  lower  bids  in  amount  were  offered,  and  rejected  by  the  board. 

15.  In  case  of  failure  to  close  the  contract  with  the  bid  accepted  under  an 
advertisement,  if  it  is  desired  to  make  a  new  attempt  to  contract,  it  will  be  neces- 
sary to  advertise  anew  for  bids. 

SECTION  2780.  1.  It  is  the  duty  of  the  board  to  examine  all  contracts  for  the 
employment  of  teachers,  the  construction  of  schoolhouses,  or  for  any  other  pur- 
pose, and  to  see  that  the  stipulations  have  been  complied  with,  before  directing 
the  payment  of  money  thereon. 

2.  If  the  board  audits  a  claim  and  directs  orders  drawn,  the  officers  of  the 
board  will  be  warranted  in  following  the  direction  of  the  board,  unless  it  is  clearly 
manifest  that  an  attempt  is  being  made  to  violate  a  plain  provision  of  law.     The 
responsibility  in  such  a  case  rests  very  largely  with  the  board. 

3.  This  section  contemplates  that  a  full  report  of  the  affairs  of  the  district 
shall  be  made  by  the  board  at  each  annual  meeting  of  the  electors.     This  work 
appropriately  devolves  upon  the  secretary,  unless  the  board  designates  otherwise. 
When  practicable  the  report  may  be  published  in  a  newspaper 

4.  An  order  issued  on  a  claim  which  has  not  been  audited  and  allowed  is  void. 
39  Iowa,  490. 

5.  Only  the  secretary  and  the  treasurer  may  receive  compensation  for  the 
discharge  of  duties  required  by  law. 

6  The  evident  conclusion  derived  is  that  no  member  of  the  board  may  legally 
receive  pay  out  of  the  funds  of  the  district  for  any  work  done  for  the  district  in 
any  capacity  whatever. 

7.  A  court  would  be  likely  to  hold  a  contract  made  with  a  member  of  the 
board,  to  be  in  violation  of  the  law,  contrary  to  public  policy,  and  void. 

8.  To  pay  any  member  of  the  board  for  the  performance  of  official  duties,  is 
in  direct  opposition  to  the  law,  and  an  open  violation  of  the  oath  of  office.     For 
locating  sites,  receiving  buildings  on  the  completion  of  contracts,  or  for  any  other 
official  duty,  a  member  clearly  cannot  receive  pay. 


SCHOOL  LAWS  OF  IOWA.  49 

preceding  meeting,  with  such  other  information  as  may  be  consid- 
ered important;  and  shall  fix  the  compensation  to  be  paid  the  secre- 
tary and  treasurer.  But  no  member  of  the  board  shall  receive  com- 
pensation for  official  services.  [C.  73,  §§  1732-3,  1738,  1813;  R,  §§ 
2037-8;  C.  '51,  §§  1146,  1149.] 

SEC.  2781.  Financial  statement.  It  shall  publish  in  each 
independent  city  or  town  district  two  weeks  before  the  annual  school 
election,  by  one  insertion  in  one  or  more  newspapers,  if  any  are  pub- 
lished in  such  district,  or  by  posting  up  in  writing  in  not  less  than 
three  conspicuous  places  in  the  district,  a  detailed  and  specific  state- 
ment of  the  receipts  and  disbursements  of  all  funds  expended  for 
school  and  building  purposes  for  the  year  preceding  such  annual 
election.  And  the  said  board  of  directors  shall  also  at  the  same  time 
publish  in  detail  an  estimate  of  the  several  amounts  which,  in  the 
judgment  of  such  board,  are  necessary  to  maintain  the  schools  in 
such  district  for  the  next  succeeding  school  year.  [C.  73,  §§  1734-5, 
1756;  R.,  §§  2037,  2054;  0/51,  §  1147.] 

SEC.  2782.  Visiting  schools — regulations — discharge  of 
teacher — expulsion  of  scholar.  It  shall  provide  for  visiting  the 
schools  of  the  district  by  one  or  more  of  its  members  and  aid  the 

9.  If  such  a  person  desires  to  secure  pay  from  the  district  there  seems  to  be 
no  other  way  than  for  him  to  refuse  to  become  a  member  of  the  board,  or  if  a 
member,  to  resign  from  the  board. 

10.  It  is  not  within  the  power  of  the  electors  to  vote  compensation  or  remun- 
eration of  any  kind,  to  the  members  of  the  board  or  to  officers  of  the  board,  for 
their  official  services.     Nor  may  the  board  vote  compensation  to  any  member. 

11.  The  official  trust  of  a  member  of  the  board  may  not  be  delegated.     It  is 
apparent  that  as  there  is  no  way  in  which  a  member  may  receive  compensation 
for  discharging  official  duties,  he  may  not  contract  with  another  person  to  be  paid 
from  the  district  funds  for  performing  the  same  services,  as  a  substitute  for  the 
member  of  the  board. 

SECTION  2781.  1.  This  statement  should  show  the  total  receipts  and  expend- 
itures for  each  fund,  followed  by  an  estimate  of  the  amount  required  for  each 
fund,  to  maintain  the  schools  for  the  ensuing  year. 

2.  The  detailed  and  specific  statement  of  the  receipts  and  disbursements  of  all 
funds  expended,  should  be  sufficiently  itemized  to  show  the  amount  received  from 
each  separate  source,  also  the  amount  expended  for  each  particular  purpose. 

3.  This  statement  is  for  the  information  of  the  electors,  but  they  should  not 
vote  upon  the  amount  of  tax  to  be  levied  for  contingent  and  teachers'  fund,  as 
these  matters  are  determined  by  the  board.    Section  2806. 

4.  The  board  must  have  the  statement  published  at  least  once  in  a  newspaper, 
if  one  is  printed  in  the  district. 

5.  The  fee  for  printing  the  statement  is  fixed  by  law.     Code,  section  1293. 

6.  In  preparing  the  annual  statement  for  publication,  minute  details  of  all  the 
items  need  not  be  given.    This  would  render  it  uselessly  troub]esome  to  prepare, 
and  expensive  to  publish.     Such  general  results  and  classified  items  as  will  enable 
the  electors  fully  to  comprehend  the  proceedings  of  the  board,  are  all  that  the  law 
requires.     The  statistics  of  the  school  may  be  added  if  the  board  thinks  proper, 
but  the  law  does  not  require  it. 

SECTION  2782.  1.  A  conscientious  compliance  with  the  requirements  regard- 
ing visitation  would  greatly  increase  the  efficiency  of  the  schools.  There  are 
very  many  things  that  may  be  best  ascertained  by  visiting  the  school,  inspecting 
the  work  of  the  pupils,  and  conversing  with  the  teacher.  The  teacher  can  accom- 
plish the  best  results  only  when  he  is  sure  of  hearty  co-operation  and  support. 
4 


50  SCHOOL  LAWS  OF  IOWA. 

teachers  in  the  government  thereof,  and  enforcing  the  rules  and  regu- 
lations of  the  board.  It  may, by  a  majority  vote,  discharge  any  teacher 
for  incompetency,  inattention  to  duty,  partiality,  or  any  good  cause, 

2.  Boards  have  entire  control  over  the  public  schools  of  their  district  and  the 
teachers  employed  therein. 

3.  Rules  and  regulations  governing  teachers  and  scholars  may  be  adopted 
and  enforced  by  the  board,  as  the  best  interests  of  the  schools  may  seem  to 
require.    Decisions,  15  and  32. 

4.  The  force  and  effect  of  any  motion  adopted  by  the  board  does  not  terminate 
with  a  change  of  officers  or  members,  but  remains  in  force  until  repealed.     35 
Iowa,  361. 

5.  The  teacher  is  the  agent  of  the  board,  and  rules  made  by  him  and  enforced 
with  either  formal  or  tacit  consent,  are  in  effect  the  rules  of  the  board. 

6.  If  it  is  understood  that  the  principal  of  a  school  has  charge  of  other  rooms 
besides  his  own,  he  has  the  same  power  in  managing  the  children  that  is  by  law 
given  to  other  teachers. 

7.  The  privilege  of  free  instruction  in  the  public  schools  is  one  conferred  by 
legislative  enactment,  under  constitutional  direction,  and  the  privilege  is  subject 
to  legislative  regulation.     The  right  to  attend  school  is  not  absolute,  but  is  con- 
ditional upon  compliance  with  the  rules  and  the  essential  conditions. 

8.  At  present  the  element  of  compulsion  as  regards  attendance  at  school  is  not 
strong  in  our  law.     However,  our  courts  hold  that  a  board  has  power  to  require 
such  a  reasonable  attendance  in  regularity  as  will  not  interfere  with  the  progress 
of  the  school.    31  Iowa,  562  and  50  Iowa,  145. 

9.  The  board  may  prescribe  a  course  of  study  and  determine  in  connection 
with  that  course  of  study  the  time  during  the  year  in  which  certain  specified 
branches  shall  be  pursued.     This  is  a  necessity  in  order  to  an  economical  division 
of  labor  on  the  part  of  the  teaching  force,  particularly  in  a  large  school. 

10.  The  parent  cannot  expect  that  a  class  shall  be  formed  whenever  asked  for 
at  any  time  in  the  school  year,  for  the  special  accommodation  of  one  or  more  to  the 
disadvantage  of  the  many  and  to  the  detriment  of  the  school. 

11.  It  is  quite  necessary  to  carry  out  carefully  a  close  plan  of  classification  and 
instruction,  and  to  provide  what  time  in  the  year  certain  classes  shall  begin  the 
study  of  the  branches  to  be  taught  during  that  portion  of  the  year. 

12.  A  condition  may  exist  when  for  a  short  time  a  board  may  be  compelled  to 
provide  by  regulation  that  certain  pupils  shall  attend  only  one-half  of  the  day. 
and  others  of  the  same  grade  the  other  half.     But  such  arrangement  could  not  be 
regarded  as  a  permanent  one. 

13.  If  a  board  attempts  to  do  the  very  best  it  can  within  the  law  to  overcome 
the  inconveniences  surrounding  it,  leaving  nothing  undone  which  it  might  prop- 
erly be  expected  to  do,  it  is  discharging  the  duty  incumbent  upon  it  to  provide 
equal  school  facilities  for  all. 

14.  It  is  within  the  power  of  a  board  to  require  the  study  of  the  common 
branches,  or  of  other  elementary  studies  that  are  in  the  course  of  study  adopted 
by  the  board,  before  advancing  the  scholar  to  other  more  difficult  subjects. 

15.  Scholars  not  able  to  carry  the  work  of  the  classes  being  taught  may  yet  be 
allowed  to  attend  the  school  and  get  what  good  they  may  from  listening  to  the 
work  which  is  being  done.     In  this  way  a  child  would  not  be  absolutely  excluded 
from  the  school  privileges  guaranteed  to  him  by  the  law. 

16.  If  a  child  becomes  the  source  of  undue  annoyance  to  others,  although 
through  no  fault  of  his  own,  he  may,  if  absolutely  necessary  for  the  good  of  the 
school,  be  forbidden  attendance.     31  Iowa,  562,  top  of  page  569.    Note  58,  below. 


SCHOOL   LAWS   OF   IOWA.  51 

after  a  full  and  fair  investigation  made  at  a  meeting  of  the  board 
held  for  that  purpose,  at  which  the  teacher  shall  be  permitted  to  be 
present  and  make  defense,  allowing  him  a  reasonable  time  therefor. 

17.  On  the  other  hand  the  spirit  of  our  laws  does  not  support  an  interference 
with  personal  or  individual  rights  except  when  such  control  or  restriction  may 
become  absolutely  necessary  in  order  to  protect  others  in  the  enjoyment  of  the 
rights  guaranteed  to  them  by  the  law.  The  true  idea  is  to  bring  all  of  school  age 
within  the  salutary  influence  of  the  school  and  to  keep  them  there  if  possible. 
•  18.  Undoubtedly  the  parent  and  teacher  have  joint  control  over  the  scholar 
on  his  way  to  and  from  school.  Unless  the  parent  claims  and  exercises  supreme 
authority  over  the  child,  the  board  has  control  of  him  on  the  way  between  the 
school  and  his  home.  It  may  thus  often  become  possible  for  the  scholar  to  come 
within  the  control  of  the  board  as  soon  as  he  leaves  home  for  school  and  continue 
within  such  control  until  he  again  reaches  the  home  of  the  parent.  It  is  very 
desirable  that  co-operation  and  a  mutual  desire  to  promote  the  best  good  of  the 
scholar  should  be  sought  by  the  parents  and  the  school  authorities. 

19.  It  is  the  duty  of  the  teacher,  under  the  direction  of  the  board,  to  deter- 
mine what  branches  can  best  be  pursued  by  each  scholar. 

20.  Without  special  mention  in  the  teacher's  contract,  it  is  understood  that 
only  the  usual  common  branches  and  those  included  in  the  course  of  study  for  the 
school  are  expected  to  be  taught. 

21.  If  it  is  desired  that  higher  arithmetic,  or  any  other  advanced  study,  shall 
be  taught  in  one  or  more  schools  in  the  district,  the  board  should  include  such 
branch  in  the  course  of  study  for  such  school  or  schools. 

22.  It  is  not  within  the  province  of  individual  persons  to  demand  instruction 
outside  the  branches  usually  taught. 

23.  Every  scholar  must  study  physiology  and  hygiene,  including  the  effects 
of  stimulants  and  narcotics,  until  the  outline  upon  that  branch,  as  prepared  by 
the  board,  has  been  completed.     Note  12  to  section  2775. 

24.  It  becomes  the  duty  of  every  teacher  to  follow  the  plan  of  work  indicated 
in  the  course  of  study.     When  difficulties  are  met,  if  no  other  person  has  general 
supervision,  the  matter  may  be  brought  to  the  attention  of  the  board. 

25.  As  regards  classification,  the  board  has  absolute  control.     But  as  the 
teacher  is  by  common  consent  presumed  to  know  what  will  be  best  for  all,  custom 
has  left  to  him  the  making  of  the  program  and  the  placing  of  scholars  in  the 
proper  classes.     In  doing  this,  however,  he  acts  for  the  board,  and  any  complaint 
should  not  be  made  to  the  teacher,  but  to  the  board. 

26.  If  a  scholar  is  found  to  be  so  deficient  in  the  common  branches  that  he  is 
unable  to  take  the  work  in  a  class  more  advanced,  without  detriment  to  the  class 
and  to  himself,  it  is  plain  that  he  may  be  classified  in  each  branch  where  he  is 
likely  to  receive  the  greatest  good.     The  penalty  for  not  pursuing  a  suitable 
course  of  study  will  be  found  in  the  fact  that  such  scholars  may  be  denied  promo- 
tion, and  may  not  be  allowed  to  graduate. 

27.  In  connection  with  the  course  of  study,  the  board  should  designate  the 
teaching  helps  and  apparatus  to  be  used,  and  should  also  arrange  to  furnish  such 
appliances  as  soon  as  they  are  needed. 

28.  The  teacher  may  be  held  responsible  for  the  efficient  discharge  of  every 
duty  properly  attached  to  his  office,  including  the  exercise  of  due  diligence  in  the 
oversight  and  preservation  of  school  buildings,  grounds,  furniture,  apparatus, 
and  other  school  property,  as  well  as  the  more  prominent  work  of  instruction  and 
government. 

29.  Parties  doing  damage  to  school  property  are  responsible  for  the  same. 
The  teacher  is  bound  to  exercise  reasonable  care  to  protect  and  preserve  school 
property,  and  failing  to  do  so  may  be  held  liable  for  damages. 


52  SCHOOL  LAWS  OP  IOWA. 

It  may  by  a  majority  vote  expel  any  scholar  from  school  for 
immorality  or  for  a  violation  of  the  regulations  or  rules  established 
by  the  board,  or  when  the  presence  of  the  scholar  is  detrimental 

30.  If  the  rules  and  regulations  of  the  board  do  not  provide  otherwise  the 
teacher  has  the  right  in  proper  cases  to  inflict  corporal  punishment  upon  refrac- 
tory scholars.     In  the  proper  exercise  of  his  authority,  to  maintain  good  order, 
and  to  require  of  all  the  scholars  a  faithful  performance  of  their  duties,  the 
teacher  is  entitled  to  the  support  and  co-operation  of  the  board. 

31.  In  the  choice  of  a  kind  of  punishment  and  in  the  selection  of  an  instru- 
ment, as  well  as  in  determining  the  degree  of  punishment  to  be  administered,  the 
teacher  must  exercise  a  sound  discretion. 

32.  Corporal  punishment  is  best  reserved  as  a  last  resort  and  should  be  used 
only  when  it  is  believed  that  no  other  gentler  measure  will  secure  the  reforma- 
tion, of  the  offender.     Dismissal  from  school  by  the  proper  authority  is  a  still  more 
extreme  remedy  than  corporal  punishment. 

33.  It  is  the  duty  of  the  board  to  see  that  schoolhouses  are  kept  in  repair, 
clean,  and  in  good  order  for  school  use.     Neither  the  teacher  nor  the  scholars 
should  be  expected  to  scrub  or  wash  out  the  schoolhouse.     The  light  sweeping 
of  daily  use  is  often  done  by  them  on  their  own  motion,  but  this  cannot  be  required 
of  the  scholars,  nor  of  the  teacher  unless  she  contracts  to  take  special  care  of  the 
house  in  such  respects. 

34.  A  board  should  have  a  house  cleaned  as  frequently  as  the  house  needs 
such  attention  in  order  to  keep  it  in  good  order  for  school  use.    No  member  of 
the  board  may  receive  pay  for  such  work,  but  any  other  person  may  be  paid  from 
the  contingent  fund. 

35.  The  law  does  not  contemplate  that  janitor  work  shall  be  done  by  the 
scholars  and  neither  the  teacher  nor  the  board  may  require  that  a  scholar  shall 
bring  fuel  into  the  school  room.     If  a  scholar  has  made  unnecessary  litter  in  the 
school  room  or  about  his  seat  he  maybe  required  as  a  punishment  to  sweep' up  the 
same.     But  this  is  quite  another  matter  than  doing  the  ordinary  janitor  work. 

36.  Making  fires  and  sweeping  the  school  room  are  not,  properly,  a  part  of  the 
teacher's  duties.    In  rural  districts  teachers  frequently  perform  this  labor  as  a 
matter  of  convenience  and  economy.     Those  unwilling  to  do  this  work,  or  who 
expect  to  receive  pay  for  it,  should  so  stipulate  when  entering  into  the  contract 
to  teach.     Section  2778.    Decisions,  26. 

37.  The  board,  for  what  seem  good   reasons,  may  order  a  short   vacation. 
But  the  term  included  in  the  contract  cannot  be  shortened,  without  the  consent 
of  both  parties.     Note  52,  below. 

38     It  is  lawful  for  a  board  to  give  teachers  holidays  and  not  deduct  pay,  and 
quite  usual.     The  teacher,  however,  may  not  claim  it  as  a  right. 

39.  If  a  teacher  is  at  the  schoolhouse  at  the  proper  time,  and  remains  during 
school  hours,  he  is  entitled  to  pay  therefor,  according  to  his  contract,  whether 
scholars  are  present  or  not 

40.  As  a  rule  it  is  highly  undesirable  to  close  a  school  on  account  of  an  epi- 
demic.   But  if  the  local  board  of  health,  or  the  board  of  directors,  closes  a  school 
on  account  of  the  presence  of  a  contagious  disease,  or  for  like  reason,  the  teacher 
is  entitled  to  pay  upon  his  contract. 

41.  When  a  school  is  closed  for  a  short  time,  for  causes  beyond  the  control 
of  the  teacher,  the  courts  will  be  likely  to  hold  that  the  teacher  is  entitled  to  his- 
pay  according  to  the  terms  of  his  contract.     Such  cases  are  best  settled   by 
compromise  between  the  parties. 

42.  If  the  schoolhouse  is  destroyed,  or  the  school  is  closed  indefinitely  by 
causes  beyond  the  control  of  either  party  to  the  contract,  the  teacher  being  ready 
to  comply  with  his  part,  can  collect  pay  according  to  contract.     If  said  teacher- 


SCHOOL   LAWS   OF   IOWA.  53 

to  the  best  interests  of  the  school,  and  it  may  confer  upon  any 
teacher,  principal  or  superintendent  the  power  temporarily  to  dis- 
miss a  scholar,  notice  of  such  dismissal  being  at  once  given  in  writ- 
uses  proper  diligence  to  secure  employment  at  something  which  he  can  do,  and 
secures  such  employment,  the  district  will  pay  him  the  difference  between  the 
amount  received  in  his  new  work  and  the  amount  of  his  wages  under  the  contract. 
In  other  words,  his  actual  loss  should  be  made  good. 

43.  Teachers  are  entitled  to  the  support  and  co-operation  of  the  board.     It  is 
alike  due  to  the  dignity  of  the  board  and  the  rights  of  the  teacher  that  no  one 
should  be  discharged  except  after  thorough  investigation  and  the  clearest  proof. 
If  possible  the  teacher  should  be  shielded  from  the  stigma  of  discharge. 

44.  In  the  trial  of  a  teacher,  when  it  is  sought  to  dismiss  him,  all  the  pro- 
visions of  law  must  be  strictly  complied  with.     The  board  must  allow  the  teacher 
to  make  a  full  defense,  and  the  teacher  may  appear  by  attorney,  or  otherwise,  as 
he  chooses. 

45  Boards  may  dismiss  teachers  only  for  good  cause  shown.  In  case  the 
board  passes  an  order  to  dismiss,  the  material  reason  therefor  should  be  spread 
upon  the  record,  for,  while  in  case  of  contest,  these  reasons  would  not  be  con- 
clusive against  the  teacher,  the  board  would  be  estopped  from  presenting  other 
reasons  than  those  named  in  the  record. 

46.  When  a  teacher  is  unjustly  dismissed,  an  appeal  may  be  taken  from  the 
action  of  the  board  in  dismissing  him,  but  a  suit  at  law  must  be  brought,  if  he 
seeks  to  recover  his  pay  upon  the  contract     The  teacher  should  be  paid  only  to 
the  date  of  legal  dismissal.     53  Iowa,  585     69  Northwestern  Reporter,  419 

47.  The  order  of  the  board  discharging  or  refusing  to  discharge  a  teacher  is 
more  largely  a  discretionary  than  a  judicial  act.    In  this,  as  in  other  matters,  the 
very  large  discretionary  powers  of  the  board  must  be  respected,  and  on  appeal 
their  conclusion  may  not  be  questioned  without  the  most  convincing  testimony. 

48.  The  contract  with  a  teacher  may  be  terminated  by  discharge  after  the 
investigation  provided  for  in  this  section,  by  revocation  of  certificate,  by  compro- 
mise, or  by  default  of  either  party. 

49.  By  universal  consent,  and  certainly  by  the  spirit  of  our  school  law,  it  is 
expected  of  teachers  that  they  refrain  from  improper  language,  keep  the  Sabbath 
day  with  respect,  and  in  every  other  way  avoid  practices  or  company  that  are 
demoralizing  in  their  tendencies. 

50.  This  section  provides  the  only  manner  in  which  a  teacher  may  be  dis- 
charged, and  the  parties  to  the  contract  should  not  attempt  to  provide  any  other 
method  of  terminating  the  contract.    A  discharge  by  any  other  method  is  wrong- 
ful.    82  Iowa,  686, 

51.  The  certificate  being  in  the  nature  of  a  commission  cannot  be  attacked 
collaterally. 

52.  The  obligations  between  the  parties  to  a  contract  to  teach  are  reciprocal. 
A  teacher  would  have  good  cause  to  complain  if  a  board  desired  to  remove  her 
because  it  had  an  opportunity  to  secure  a  better  teacher.    Yet  in  such  a  case  if  an 
agreement  could  be  made  annulling  the  contract,  such  arrangement  would  be 
legal.     But  the  teacher  may  insist  that  the  board  keep  its  part  of  the  contract  in 
the  same  spirit  that  she  intends  to  keep  hers.     It  would  seem  to  be  the  same  if  it 
is  the  teacher  who  desires  to  have  the  contract  annulled. 

53.  The  regulations  of  the  state  board  of  health  require  every  person  entering 
any  public  school  to  give  satisfactory  evidence  of  protection  by  vaccination.  Local 
boards  of  health  have  the  power  to  require  protection  in  all  schools,  and  of  all 
children,  or  even  all  persons  within  their  jurisdiction.     It  is  well  established  that 
schools  are  among  the  most  prolific  sources  of  the  spread  of  contagious  diseases. 


54  SCHOOL   LAWS   OF   IOWA. 

ing  to  the  president  of  the  board.  When  a  scholar  is  dismissed  by 
the  teacher,  principal  or  superintendent,  as  above  provided,  he  may 
be  re-admitted  by  such  teacher,  principal  or  superintendent,  but 

54.  The  board  should  exclude  children  coming  from  houses  where  there  are 
contagious  diseases,  and  should  enforce  the  rule  that  children  not  vaccinated  shall 
not  be  admitted  until  they  conform  to  the  regulation  demanding  such  protection. 

55.  The  board  has  full  control  in  all  matters  relating  to  the  government  and 
welfare  of  the  schools.     A  scholar  subject  to  fits  or  spasms  may  be  excluded  from 
school  by  the  majority  of  the  board  if  the  presence  of  such  scholar  is  thought  to 
interfere  materially  with  the  progress  of  the  school.     Any  one  aggrieved  with 
the  exclusion  of  such  scholar  has  the  speedy  remedy  of  application  to  a  court 
for  his  reinstatement.     Note  16  to  section  2782. 

56.  It  is  the  duty  of  every  board  of  directors  to  co-operate  with  the  local  board 
of  health  in  encouraging  the  vaccination  of  all  school  children  not  already  pro- 
tected by  vaccination.     The  board  of  directors  may  not  compel  vaccination,  but 
the  majority  vote  of  the  board  will  exclude  from  the  schools  any  who  will  not 
comply  with  such  reasonable  rule  of  the  board  of  health. 

57.  The  board  will  be  justified  in  refusing  to  permit  the  attendance  of  a  child 
whose  parent  will  not  consent  that  the  scholar  shall  obey  the  rules  of  the  school. 
31  Iowa,  562  and  50  Iowa,  145. 

58.  The  right  to  attend  school  is  not  absolute,  but  is  conditional  upon  compli- 
ance with  the  rules  and  the  essential  conditions. 

59.  A  board  may  not  adopt  a  rule  which  will  deprive  a  child  of  school  privi- 
leges, except  as  a  punishment  for  breach  of  discipline  or  an  offense  against  good 
morals.     56. Iowa,  476. 

60.  Any  rule  of  the  school,  not  subversive  of  the  rights  of  the  children  or  par- 
ents, or  in  conflict  with  humanity  and  the  precepts  of  divine  law,  which  tends  to 
advance  the  object  of  the  law  in  establishing  public  schools,  must  be  considered 
reasonable  and  proper.    31  Iowa,  562. 

61.  It  is  competent  for  boards  to  provide  by  rules  that  pupils  may  be  suspended 
from  the  schools  in  case  they  shall  be  absent  or  tardy  a  certain  number  of  times 
within  a  fixed  period,  except  for  sickness  or  other  unavoidable  cause.  31  Iowa,  562. 

62.  The  parent  has  no  right  to  interfere  with  the  order  or  progress  of  the 
school  by  detaining  his  chiid  at  home,  or  by  sending  him  at  times  that  prove  an 
annoyance  or  hindrance  to  others.     31  Iowa,  562. 

63.  If  the  effects  of  acts  done  out  of  school  hours  reach  within  the  school  room 
during  school  hours,  and  are  detrimental  to  good  order  and  the  best  interests  of 
the  pupils,  it  is  evident  that  such  acts  may  be  forbidden.    31  Iowa,  562. 

64.  We  believe  our  courts  will  sustain  boards  in  recognizing  flagrant  offenses 
having  a  direct  and  immediate  tendency  to  injure  the  school,  to  bring  contempt 
upon  the  teacher,  or  to  subvert  the  authority  of  the  board,  even  though  such 
offenses  may  be  committed  away  from  the  school  grounds,  and  out  of  school  hours. 
And  if  boards  find  it  necessary  in  their  opinion,  to  adopt  and  enforce  reasonable 
regulations  in  such  cases,  we  believe  their  action  will  not  be  interfered  with. 

65.  The  law  does  not  provide  that  the  board  is  compelled  to  give  scholar  or 
parents  notice  or  chance  for  defense,  before  ordering  suspension  or  expulsion  of  the 
scholar.     The  board  has  large  discretionary  powers.     This  is  one  of  the  matters 
wholly  within  its  discretion.     But  it  would  be  well  for  the  board  carefully  to 
investigate  the  charges,  before  dismissing  any  scholar.     Decisions,  32. 

66.  For  good  cause,  a  teacher  may  suspend  without  fixing  the  time,  notice 
being  also  at  once  given  to  the  board. 

67.  Suspension  is  the  separation  of  the  scholar  from  the  school  for  a  limited 
time,  and  it  may  be  either  for  bad  conduct,  for  unnecessary  absence,  or  as  a  sani- 
tary measure. 


SCHOOL  LAWS  OF  IOWA.  55 

when  expelled  by  the  board  he  may  be  re-admitted  only  by  the  board 
or  in  the  manner  prescribed  by  it.     [Same.] 

SEC.  2783.  Use  of  contingent  fund— free  text-books.  It 
may  provide  and  pay  out  of  the  contingent  fund  to  insure  school 
property  such  sum  as  may  be  necessary,  and  may  purchase  diction- 

68.  The  period  of  time  fixed  by  the  board  during  which  suspension  or  expul- 
sion shall  be  in  force,  should  be  clearly  indicated  in  the  vote  of  the  majority  of  the 
board,  as  spread  upon  the  records.     Conditions  upon  which  earlier  readmission 
is  provided  for,  may  very  properly  be  given  in  the  same  connection. 

69.  The  true  idea  is  to  bring  all  within  the  salutary  influence  of  the  school,  and 
to  drive  none  out,  but  cases  sometimes  occur  in  which  it  becomes  necessary  for  the 
board  to  protect  the  rights  of  the  many  by  excluding  a  scholar  whose  presence 
and  example  are  a  constant  menace  to  the  successful  progress  of  the  school. 

70.  The  teacher  has  control  over  scholars  during  school  hours,  unless  restricted 
by  a  rule  of  the  board.     He  may  require  a  scholar  to  remain  in  his  seat  during 
recess  as  a  punishment.     However,  it  is  not  wise  to  deprive  children,  to  any  great 
extent,  of  the  exercise  necessary  to  their  physical  well-being. 

71.  The  board  has  as  full  control  over  scholars  during  recess  as  at  othor  times 
within  the  school  hours  fixed  by  the  board. 

72.  A  teacher  may  not  detain  a  scholar  after  school  hours,  against  the  wish  of 
the  parent.    It  is  the  presumption  that  the  parent  is  entitled  to  the  assistance  and 
company  of  the  child,  except  during  the  time  said  child  is  actually  within  the 
control  of  the  school  authorities  for  the  purposes  of  instruction. 

73.  Teachers  should  exercise  watchful  care  and  oversight  as  regards  the  con- 
duct and  habits  of  their  scholars,  not  only  during  school  hours,  recesses  and 
intermissions,  but  also  within  reasonable  limits  while  they  are  coming  to  and 
returning  home  from  school. 

74.  For  good  cause,  a  teacher  may  excuse  a  scholar  from  school  work  without 
fixing  the  time,  and  require  him  to  leave  the  school  premises,  notice  being  also 
at  once  given  to  the  director  or  to  the  president  of  the  board. 

75.  The  teacher  is  responsible  for  the  discipline  of  his  school,  and  for  the  prog- 
ress and  deportment  of  his  scholars.     It  is  his  imperative  duty  to  maintain  good 
order  and  require  of  all  a  faithful  performance  of  their  duties.     If  he  fails  to  do  so 
he  is  unfit  for  his  position.     To  enable  him  to  discharge  these  duties  effectually, 
he  must  necessarily  have  the  power  to  enforce  prompt  obedience  to  his  requests. 
For  this  reason  the  law  gives  him  the  power,  in  proper  cases,  to  inflict  punish- 
ment upon  refractory  scholars.     Decisions,  15. 

76.  In  applying  correction,  the  teacher  must  exercise  sound  discretion  and 
judgment,  and  should  choose  a  kind  of  punishment  adapted  not  only  to  the  offense, 
but  to  the  offender.     Corporal  punishment  is  a  severe  remedy,  and  its  use  should 
be  reserved  for  the  baser  faults.     Decisions,  14. 

77.  In  50  Iowa,  145,  the  suggestion  is  made  that  expulsion  by  the  board  rather 
than  severe  corporal  punishment  by  the  teacher,  is  a  good  remedy  in  case  of 
repeated  and  continuous  violation  of  the  rules. 

78.  In  the  school  as  in  the  family  there  exists  on  the  part  of  the  children  the 
obligation  of  obedience  to  lawful  commands,  subordination,  civil  deportment, 
respect  for  the  rights  of  others,  and  fidelity  to  duty.    These  obligations  are  inher- 
ent in  any  proper  school  system,  and  constitute  the  common  law  of  the  school. 
Every  scholar  is  presumed  to  know  this  law,  and  be  subject  to  it,  whether  it  has 
or  has  not  been  by  the  board  placed  in  the  form  of  written  rules  and  regulations. 

SECTION  2783.  1.  This  section  confers  upon  all  boards  the  right  to  insure 
property.  This  duty  should  not  be  neglected. 

2.  Purchases  of  records,  dictionaries,  apparatus,  and  similar  supplies  for  the 
use  of  the  district  may  not  be  made  by  contract  under  section  2824,  but  all  such 
articles  will  be  bought  under  this  section.  Note  4  to  section  2824. 


56  SCHOOL  LAWS  OF  IOWA. 

aries,  library  books,  maps,  charts  and  apparatus  for  the  use  of  the 
schools  thereof  to  an  amount  not  exceeding  twenty-five  dollars  in 
any  one  year  for  each  school  room  under  its  charge;  and  may  fur- 
nish school  books  to  indigent  children  when  they  are  likely  to  be 
deprived  of  the  proper  benefits  of  school  unless  so  aided;  and  shall, 
when  directed  by  a  vote  of  the  district,  purchase  and  loan  books  to 
scholars,  and  shall  provide  by  levy  of  contingent  fund  therefor.  [26 
G.  A.,  ch.  37;  25  G.  A.,  ch.  34;  21  G.  A.,  ch.  107;  19  G.  A.,  ch.  149, 
§  1;  C.73,  §  1729.] 

SEC.  2784.  Water-closets.  It  shall  give  special  attention  to 
the  matter  of  convenient  water-closets  or  privies,  and  provide  on 
every  schoolhouse  site,  not  within  an  independent  city  or  town  dis- 
trict, two  separate  buildings  located  at  the  farthest  point  from  the 
main  entrance  to  the  schoolhouse,  and  as  far  from  each  other  as  may 
be,  and  keep  them  in  wholesome  condition  and  good  repair.  In  inde- 
pendent city  or  town  districts,  where  it  is  inconvenient  or  undesirable 
to  erect  two  separate  outhouses,  several  closets  may  be  included 

3.  Secure  provision  should  be  made  by  the  board  for  the  usual  necessary  con- 
tingent expenses  of  the  schools  during  the  year,  before  contingent  fund  is  taken 
to  purchase  any  of  the  articles  named  in  this  section.     Section  2768. 

4.  There  can  be  no  doubt  that  one  of  the  purposes  of  the  school  is  to  teach 
patriotism  to  the  children.     The  board  may  use  available  contingent  funds  to 
purchase  a  flag  to  be  used  as  apparatus  in  the  school  room,  on  the  school  build- 
ing, or  upon  the  school  grounds. 

5.  A  purchase  of  apparatus  made  with  the  consent  of  the  board  when  not  in 
session,  is  a  direct  violation  of  the  law.     A  member  of  the  board  who  does  not 
wish  to  become  implicated  in  a  transaction  discreditable  to  the  board  and  unprofit- 
able to  the  district  should  refuse  his  consent  to  such  an  agreement. 

6.  Members  of  boards  giving  orders  for  apparatus  in  their  individual  capacity 
assume  personal  responsibility  and  may  thus  render  themselves  liable  for  payment 
as  individuals. 

7 .  The  members  of  a  school  board  cannot,  by  a  prearrangement  or  contract 
entered  into  when  not  in  session,  bind  themselves  afterwards  to  ratify  or  confirm 
contract  or  engagement  thus  entered  into.     The  distinction  here  is  that  while 
a  board,  in  session,  may  ratify  a  contract  made  out  of   session,  the  members 
cannot  individually  bind  themselves  to  do  so 

8.  These  provisions  afford  all  districts  the  opportunity  to  supply  free  books, 
so  that  every  child  may  continuously  enjoy  the  privileges  of  school.    It  is  believed 
that  if  districts  will  take  action  in  accordance  with  the  spirit  of  the  law,  the  per- 
centage of  attendance  at  school  can  be  materially  increased,  and  the  usefulness 
of  our  schools  to  all  the  children,  greatly  enhanced. 

9.  Much  of  the  success  of  free  text-books  will  depend  upon  the  rules  and 
regulations  adopted  by  the  board  to  govern  the  use  and  care  of  such  books.    The 
board  should  take  more  than  the  usual  pains  to  adopt  plain,  comprehensive,  and 
effective  rules  for  the  guidance  of  all  concerned. 

SECTION  2784.  1.  This  provision  of  the  law  requiring  it  to  take  special  pains 
with  regard  to  outbuildings  is  mandatory  upon  every  board.  A  director  may  not 
refuse  to  carry  into  effect  instructions  from  the  board  with  regard  to  such  a  mat- 
ter And  a  board  refusing  to  give  attention  to  the  subject  risks  a  censure  from  a 
court  if  its  failure  or  refusal  to  provide  proper  facilities  as  regards  privies  or 
water-closets  is  brought  to  the  attention  of  a  court  Section  2822. 

2  The  last  part  of  the  section  means  that  when  separate  water-closets  out  of 
doors  are  included  under  one  roof,  then  the  fence  to  separate  the  approaches 
shall  be  built  in  the  form  directed  When  outhouses  are  distinct  and  at  a  dis- 
tance from  each  other,  the  law  does  not  require  the  fence  to  be  built. 


SCHOOL  LAWS  OF  IOWA.  57 

under  one  roof,  and  if  outside  the  schoolhouse  each  shall  be  sepa- 
rated from  the  other  by  a  brick  wall,  double  partition,  or  other  solid 
or  continuous  barrier,  extending  from  the  roof  to  the  bottom  of  the 
vault  below,  and  the  approaches  to  the  outside  doors  for  the  two 
sexes  shall  be  separated  by  a  substantial  close  fence  not  less  than 
seven  feet  high  and  thirty  feet  in  length.  [25  G.  A.,  ch.  3.] 

SEC.  2785.  Duties  of  director — contracts.  The  board  of 
directors  of  a  school  township  may  authorize  the  director  of  each 
subdistrict,  subject  to  its  regulations,  to  make  contracts  for  the  pur- 
chase of  fuel,  the  repairing  or  furnishing  of  schoolhouses,  and  all 
other  matters  necessary  for  the  convenience  and  prosperity  of  the 
schools  in  his  subdistrict.  Such  contracts  shall  be  binding  upon  the 
school  township  only  when  approved  by  the  president  of  the  board, 
and  must  be  reported  to  the  board.  Each  director  shall,  between 
the  first  and  tenth  days  of  September  in  each  year,  prepare  a  list  of 
the  heads  of  families  in  his  subdistrict,  the  number  and  sex  of  all 

3.  Every  teacher  worthy  of  the  name  will  see  to  it  that  this  law  is  observed 
in  its  spirit,  and  will  call  the  attention  of  the  board  to  any  necessity  for  special 
action  on  its  part.     In  country  districts  it  is  highly  desirable  that  the  teacher 
should  carry  the  keys  to  the  outbuildings,  and  should  bestow  no  less  of  watchful 
care  upon  them  than  is  given  to  the  schoolhouse  itself 

4.  If  any  person  wilfully  write,  make  marks,  or  draw  characters  on  the  walls 
or  any  other  part  of  any  church,  college,  academy,  schoolhouse,  court  house  or 
other  public  building,  or  on  any  furniture,  apparatus  or  fixtures  therein;  or  wil- 
fully injure  or  deface  the  same,  or  any  wall  or  fence  inclosing  the  same,  he  shall 
be  fined  not  exceeding  one  hundred  dollars,  or  imprisoned  in  the  county  jail  not 
more  than  thirty  days.     Code,  section  4802. 

5.  Very  much  depends  upon  teachers  to  determine  the  manner  in  which  this 
law  is  observed      A  listless  indifference,  a  half-hearted  activity,  a  want  of  confi- 
dence, will  defeat  the  purpose  of  the  law  for  the  time  at  least.     Serious  considera- 
tion, a  high-minded  approbation  of  its  intention,  a  courageous  insistence  upon  its 
observance,  together  with  untiring  attention  and  frequent  inspection,  will  make 
the  law  a  continued  success      No  conscientious  teacher  will  be  irresolute,  when 
the  immeasurable  interests  involved  are  regarded. 

6.  Teachers  should  not  hesitate  to  bring  the  case  of  persistent  offenders  to 
the  attention  of  the  board.     As  a  last  resort  it  may  become  necessary  for  the 
board  to  invoke  the  assistance  of  the  peace  officers.     It  sometimes  happens  that 
nothing  less  than  the  strong  arm  of  the  civil  authorities  is  able  to  compel  a 
respect  for  law,  and  a  decent  regard  for  the  rights  of  others.     No  community 
may  justly  claim  to  be  a  moral  people,  and  knowingly  fail  to  guard  and  preserve 
the  purity,  the  morals,  and  the  health,  of  its  children  and  youth. 

SECTION  2785.  1.  It  is  a  general  statement  that  nearly  all  the  powers  of  the 
director  are  to  be  exercised  under  the  regulations  of  the  board.  Any  person 
about  to  contract  is  bound  to  know  what  restrictions  have  been  made,  and  should 
be  governed  accordingly. 

2.  The  director  is  clothed  with  certain  general  powers  by  this  section,  but 
these  are  to  be  exercised  under  the  direction  of  the  board.     The  board  must 
instruct  him,  for  example,  as  to  the  extent  of  repairs,  and  prices  paid  for  same, 
and  the  amount  and  cost  of  fuel. 

3.  School  officers  are  possessed  of  specially  defined  powers  and  should  attempt 
to  exercise  no  others,  except  such  as  arise  by  fair  implication  from  those  granted. 

4.  No  director  has  authority  to  make  a  contract  in  behalf  of  the  school  town- 
ship, except  under  specific  instructions  of  the  board. 

5.  All  contracts  made  by  the  director  must  be  approved  by  the  president  and 
reported  to  the  board. 


58  SCHOOL  LAWS   OP  IOWA. 

children  of  school  age,  and  by  the  fifteenth  day  of  said  month  report 
this  list  to  the  secretary  of  the  school  township,  who  shall  make  full 
record  thereof.  The  powers  specified  in  this  section  cannot  be  exer- 
cised by  individual  directors  of  independent  districts.  fC. '73,  §§ 
1753-5;  R.,  §§  2052-3;  C. '51,  §§  1124,  1142.] 

SEC.  2786.  Industrial  exposition.  The  board  of  any  school 
corporation  or  the  director  of  any  subdistrict  deeming  it  expedient 
may,  under  the  direction  of  the  county  superintendent,  hold  and 
maintain  an  industrial  exposition  in  connection  with  the  schools  of 
such  district,  such  exposition  to  consist  in  the  exhibit  of  useful  arti- 
cles invented,  made  or  raised  by  the  pupils,  by  sample  or  otherwise,  in 
any  of  the  departments  of  mechanics,  manufacture,  art,  science,  agri- 
culture and  the  kitchen,  such  exposition  to  be  held  in  the  school 
room,  on  a  school  day,  as  often  as  once  during  a  term,  and  not  oftener 
than  once  a  month,  at  which  the  pupils  participating  therein  shall 
be  required  to  explain,  demonstrate  or  present  the  kind  and  plan  of 
the  articles  exhibited,  or  give  its  method  of  culture;  and  work  in 

6.  If  a  director  intentionally  violates  law  he  becomes  personally  liable.     14 
Iowa,  510;  17  Iowa,  155;  24  Iowa,  337,  and  38  Iowa,  47. 

7.  If  an  agent  makes  a  valid  contract  without  authority,  he  is  himself  bound 
thereby.     37  Iowa,  314. 

8.  It  is  a  violation  of  law  for  a  board  to  pay  any  member  of  the  board  for  labor 
as  a  building-  committee,  for  attendance  at  meetings,  or  for  any  other  service 
performed  for  the  district,  whether  official  in  character  or  not.     Section  2780. 

9.  A  member  may  not  be  employed  by  the  board  to  oversee  the  building  of  a 
schoolhouse  and  receive  pay  therefor,  or  to  act  in  any  like  capacity  for  which  he 
would  be  paid  from  the  funds  of  the  district.     Such  engagement  is  contrary  to 
public  policy  and  clearly  illegal.     78  Iowa,  37,  and  87  Iowa,  81. 

10.  It  is  the  duty  of  the  director  to  file  any  contract  at  once  with  the  presi- 
dent of  the  board,  and  secure  his  approval. 

11.  No  director  has  power  to  bind  the  district  by  any  contract,  unless  he  is 
authorized  by  the  board  to  make  such  contract.     A  person  making  a  contrad 
without  authority  may  become  himself  bound.     The  president  may  not  lawfully 
approve  a  contract  unless  it  is  made  in  accordance  with  all  the  limitations  imposed. 

12.  The  approval  of  the  director's  contract  by  the  president  is  a  mandatory 
act,  which  he  cannot  refuse  to  perform,  if  the  contract  is  made  in  compliance 
with  instructions  from  the  board,  and  otherwise  conforms  to  the  law. 

•13.  The  record  book  correctly  filled  out  will  be  of  much  assistance  to  the 
director  each  year.  Form  34. 

14.  Children  at  a  state  institution,  pr  a  private  school,  should  not  be  enumer- 
ated, unless  they  actually  reside  in  the  subdistrict. 

15.  The  failure  of  a  director  to  make  the  report,  as  required  by  this  section, 
will  reduce  the  semi-annual  apportionments  for  the  year,  since  they  are  made 
upon  the  enumeration  of  persons  of  school  age.    Note  4  to  section  2739. 

16.  In  school  townships  the  secretary  should  require  every  director  to  make 
this  report  promptly,  and  should  insist  that  it  be  made  in  writing,  and  certified 
to  be  correct. 

17.  A  wilful  failure  or  refusal  on  the  part  of  the  director  to  make  the  report 
to  the  secretary  as  required,  may  be  found  by  the  courts  to  be  a  misdemeanor. 
Code,  section  4904,  and  section  2822. 

18.  In  case  a  director  fails  to  make  his  annual  report  as  required  the  secre- 
tary should  at  once  collect  the  statistics  necessary  for  a  complete  report.     The 
board  should  insist  on  promptness  in  preparing  this  report,  and  then  should  give 
the  secretarv  a  suitable  compensation  for  his  labors.     Sections  2764  and  2765. 


SCHOOL  LAWS  OF  IOWA.  59 

these  several  departments  shall  be  encouraged,  and  patrons  of  the 
school  invited  to  be  present  at  each  exhibition.  [15  G.  A.,  ch.  64.] 

SEC.  2787.  Shade  trees.  The  board  of  each  school  corporation 
shall  cause  to  be  set  out  and  properly  protected  twelve  or  more  shade 
trees  on  each  schoolhouse  site  where  such  trees  are  not  growing. 
The  county  superintendent,  in  visiting  the  several  schools  of  his 
county,  shall  call  the  attention  of  any  board  neglecting  to  comply 
with  the  requirements  of  this  section  to  any  failure  to  carry  out  its 
provisions.  [19  G.  A.,  ch.  23.] 

SEC.  S788.  Teacher — qualifications.  No  person  shall  be 
employed  as  a  teacher  in  a  common  school  which  is  to  receive  its 
distributive  share  of  the  school  fund  without  having  a  certificate  of 
qualification  given  by  the  county  superintendent  of  the  county  in 
which  the  school  is  situated,  or  a  certificate  or  diploma  issued  by 
some  other  officer  duly  authorized  by  law,  and  no  compensation  shall 
be  recovered  by  a  teacher  for  services  rendered  while  without  such 
certificate  or  diploma.  [C.  73,  §  1758;  R.,  §  2062.] 

SEC.  2789.  Keep  register — report.  Each  teacher  shall  keep 
a  daily  register  which  shall  correctly  exhibit  the  name  or  number 
of  the  school,  the  district  and  county  in  which  it  is  located,  the  day 
of  the  week,  month,  year,  and  the  name,  age  and  attendance  of 

SECTION  2787.  Trees  should  be  set  out  on  all  schoolhouse  sites  where  good, 
thrifty  shade  trees  are  not  already  growing,  whether  such  site  was  secured  by 
purchase,  by  lease,  by  gift,  or  by  condemnation  under  sections  2814-2816. 

SECTION  2788.  1.  The  teacher  must  have  a  certificate  during  the  whole  terni 
of  school.  He  is  not  authorized  to  teach  a  single  day  beyond  the  period  named 
in  his  certificate,  nor  to  give  instruction  in  any  subject  which  he  does  not  hold  a 
valid  credential  to  teach. 

2  If  a  person  is  teaching  without  a  certificate  any  one  interested  in  a  legal 
sense  may  apply  to  a  court  for  a  writ  to  prevent  the  board  from  continuing  such 
instruction,  and  to  restrain  the  board  from  paying  for  the  same. 

3.  A  teacher's    contract  is    sometimes  binding  though  irregular  in  some 
respect.     A  board  should  not  have  the  benefit  of  the  services  of  a  teacher  without 
remunerating  him.     In  some  cases  the  board  may  be  held  personally  liable  to  pay 
the  teacher. 

4.  In  an  Illinois  case  a  certificate  was  not  obtained  until  the  middle  of  the 
term.    A  new  contract  was  entered  into  at  that  time  to  pay  the  teacher  double 
wages  for  the  remainder  of  the  term.     This  was  considered  an  attempt  to  do 
indirectly  what  there  was  no  power  to  do  directly,  and  therefore  the  contract  was 
held  to  be  void,  as  was  the  original  contract. 

5.  In  case  of  the  temporary  absence  of  the  teacher,  from  sickness  or  other 
cause,  the  place  should  be  supplied  with  some  one  duly  authorized  to  teach.    The 
supply  should  be  paid  by  the  teacher  whose  place  is  filled. 

6  In  case  a  person  is  employed  or  continued  as  a  teacher  in  violation  of  law 
without  a  certificate,  a  resident  of  the  district  may  sue  out  a  writ  of  injunction 
restraining  the  person  from  teaching  and  the  district  from  paying.  Boards 
employing  and  paying  such  teachers  are  liable  to  prosecution  under  the  provi- 
sions of  the  general  statutes  for  misapplication  of  funds  Code,  sections  4904- 
4906  and  section  2822. 

SECTION  2789.  1.  Every  teacher  should  take  great  pains  to  keep  the  register 
required  by  this  section  very  carefully,  in  order  that  the  term  report  may  be  made 
out  correctly.  By  doing  so  the  secretary  will  be  able  to  make  his  annual  report 
with  greater  ease,  and  with  added  accuracy.  Form  35. 

2.  The  board  may  authorise  the  president  and  the  secretary  to  draw  warrants 
for  the  payment  of  teachers'  salaries  at  the  end  of  each  school  month,  upon  proper 


60  SCHOOL  LAWS  OF  IOWA. 

each  scholar,  and  the  branches  taught;  and  when  scholars  reside 
in  different  districts  separate  registers  shall  be  kept  for  each  dis- 
trict, and  a  certified  copy  of  the  register  shall  immediately  at  the 
close  of  the  school  be  filed  by  the  teacher  in  the  office  of  the  secre- 
tary of  the  board.  The  teacher  shall  file  with  the  county  superin- 
tendent such  reports  and  in  such  manner  as  he  may  require.  [C.  73, 
§§  1759-60;  R.,  §  2062. J 

SEC.  2790.  New  township.  When  a  new  civil  township  is 
formed,  the  same  shall  constitute  a  school  township,  which  shall  go 
into  effect  on  the  first  Monday  in  March  following  the  completed 
organization  of  the  civil  township.  The  notices  of  the  first  meeting 
shall  be  given  by  the  county  superintendent,  and  at  such  meeting  a 
board  of  three  directors  shall  be  chosen.  [C. '73,  §  1713.] 

^EC.  2791.  Attaching  territory  to  adjoining  corporation. 
In  any  case  where,  by  reason  of  natural  obstacles,  any  portion  of 
the  inhabitants  of  any  school  corporation  in  the  opinion  of  the 
county  superintendent  cannot  with  reasonable  facility  attend  school 

evidence  that  the  service  has  been  performed,  but  the  order  for  wages  for  the  last 
month  should  not  be  drawn  until  the  report  required  by  this  section  is  filed  in  the 
office  of  the  secretary.  Without  this  register  he  cannot  prepare  his  annual  report 
as  the  law  directs  it  to  be  made.  The  secretary  should  carefully  examine  the 
register  to  see  whether  the  record  is  complete  in  all  respects.  Form  36. 

3.  It  is  the  duty  of  every  board  to  see  that  the  teachers  comply  strictly  with 
3.11  requirements  made  by  the  county  superintendent,  as  well  as  with  all  rules 
made  by  the  board.     Decisions,  54. 

4.  Every  teacher  in  the  county  may  be  required  to  make  such  reports,  agree- 
ing with  the  spirit  of  the  law,  as  the  county  superintendent  may  request,  in  such 
form  and  at  such  reasonable  times  as  the  county  superintendent  may  determine. 

5.  The  continued  refusal  to  comply  with  all  uniform  and  reasonable  regula- 
tions made  by  the  county  superintendent,  or  by  a  board,  on  the  part  of  any  one 
employed  as  teacher,  constitutes  good  cause  for  revocation  or  subsequent  refusal 
of  certificate,  or  for  dismissal  by  the  board.     Sections  2737  and  2782. 

SECTION  2790.  1.  The  design  of  the  law  is  that  civil  and  school  township 
boundaries  shall  coincide  as  far  as  possible.  Code,  sections  551-552  and  section 
2743. 

2.  A  new  school  township  is  not  organized  until  the  March  after  an  election  of 
officers  for  the  civil  township. 

3.  The  boundaries  of  subdistricts  lying  wholly  within  the  old  or  new  school 
townships  are  not  affected  by  the  division  of  civil  townships. 

4.  When  subdistricts  are  divided  by  changes  in  civil  township  boundaries, 
the  boards  should  incorporate  the  several  parts  with  other  subdistricts,  or  other- 
wise provide  for  such  territory,  so  that  all  entitled  may  vote  at  the  following  sub- 
district  election.     In  the  absence  of  such  action  the  territory  properly  belongs  to 
the  subdistrict  which  it  adjoins,  and  the  voters  shoald  be  allowed  to  vote  therein. 

SECTION  2791.  1.  The  natural  obstacle  muse  be  a  large  stream  unbridged,  an 
impassable  slough,  the  entire  absence  of  a  public  highway,  or  some  such  natural 
insurmountable  difficulty. 

2.  Streams  well  bridged  and  distance  are  not  natural  obstacles  in  the  contem- 
plation of  the  law. 

3.  As  the  county  superintendent  has  original  concurrent  jurisdiction,  an  appeal 
cannot  be  taken  from  refusal  by  the  board  to  accept  the  territory.     Decisions,  44. 

4.  When  the  boundaries  of  districts  are  changed,  the  territory  transferred 
carries  with  it  a  just  proportion  of  all  assets  and  liabilities  of  the  district  from 
which  it  is  taken.     Section  2802. 


SCHOOL   LAWS   OF   IOWA.  61 

in  their  own  corporation,  he  shall,  by  a  written  order,  in  duplicate, 
attach  the  part  thus  affected  to  an  adjoining  school  corporation,  the 
board  of  the  same  consenting  thereto,  one  copy  of  which  order  shall 
be  at  once  transmitted  to  the  secretary  of  each  corporation  affected 
thereby,  who  shall  record  the  same  and  make  the  proper  designation 
on  the  plat  of  the  corporation.  Township  or  county  lines  shall  not 
be  a  bar  to  the  operation  of  this  section.  [C.  '73,  §  1797.] 

SEC.  2792.  Restoration.  Where  territory  has  been  or  may 
hereafter  be  set  off  to  an  adjoining  school  township  in  the  same  or 
another  county,  or  attached  for  school  purposes  to  an  independent 
district  so  situated,  it  may  be  restored  to  the  territory  to  which  it 
geographically  belongs  upon  the  concurrence  of  the  respective 
boards  of  directors,  and  shall  be  so  restored  by  said  boards  upon 
the  written  application  of  two-thirds  of  the  electors  residing  upon 
the  territory  so  set  off  or  attached,  together  with  a  concurrence  of  the 
county  superintendent  and  the  board  of  the  school  corporation  which 
is  to  receive  back  the  territory.  [19  G.  A.,  ch.  160;  18  G.  A.,  ch. 
Ill;  C. 73,  §1798.] 

SEC.  2793.  Boundary  lines  changed.  The  boundary  lines  of 
contiguous  independent  districts  within  the  same  civil  township 
may  be  changed  by  the  concurrent  action  of  the  respective  boards 
of  directors  at  their  regular  meetings  in  September,  or  at  special 
meetings  thereafter  called  for  that  purpose.  The  independent  dis- 
trict from  which  territory  is  detached  shall  after  the  change  contain 
not  less  than  four  government  sections  of  land,  and  its  boundary 
lines  shall  conform  to  the  lines  of  congressional  divisions  of  land. 
[22  G.  A.,  ch.  62,  §  1.] 

SEC.  2794.  Formation  of  independent  district.  Upon  the 
written  petition  of  any  ten  voters  of  a  city,  town  or  village  of  over 
one  hundred  residents  to  the  board  of  the  school  township  in  which 
the  portion  of  the  town  plat  having  the  largest  number  of  voters  is 
situated,  such  board  shall  establish  the  boundaries  of  a  proposed  inde- 
pendent.  district,  including  therein  all  of  the  city,  town  or  village, 

SECTION  2792.  1  It  will  be  noticed  that  two  distinct  and  separate  methods  are 
provided  by  this  section. 

2.  The  restoration  may  take  effect  at  any  time  agreed  upon,  but  if  no  agree- 
ment is  made,  it  will  take  effect  the  following  March.     59  Iowa,  109. 

3.  When  the  boundaries  of  districts  are  changed,  the  territory  transferred 
carries  with  it  a  just  proportion  of  all  assets  and  liabilities  of  the  district  from 
which  it  is  taken.     58  Iowa,  77.     Section  2802. 

4.  Where  the  law  is  mandatory  in  requiring  a  board  to  act  upon  a  petition, 
the  remedy  for  its  refusal  to  do  so  is  mandamus,  and  not  appeal.     86  Iowa,  669. 

5.  Any  conflict  between  districts  with  regard  to  boundaries  will  be  best  deter- 
mined by  the  one  aggrieved  asking  a  court  to  restrain  the  county  treasurer  from 
paying  taxes  to  the  other  district,  on  the  ground  that  the  district  complaining  is 
entitled  to  receive  said  taxes.     69  Northwestern  Reporter,  1009. 

SECTION  2794.  1.  The  one  hundred  inhabitants  must  be  contained  within  the 
limits  of  the  town  or  village.  Additional  territory  should  be  secured  by  the 
board  in  forming  the  new  independent  school  district.  Usually,  territory  equiva- 
lent to  about  four  to  six  government  sections,  will  constitute  a  proper  district. 

2.  An  independent  school  district  cannot  be  formed  from  a  city,  town  or 
village  situated  within  an  independent  district,  because  no  school  township  board 
can  establish  the  boundaries  as  required. 

3.  The  last  official  census  will,  as  a  general  rule,  be  sufficiently  accurate  to 
determine  questions  relating  to  the  population,  but  in  case  of  doubt,  the  actual 


62  SCHOOL  LAWS  OP  IOWA. 

and  also  such  contiguous  territory  as  is  authorized  by  a  written 
petition  of  a  majority  of  the  resident  electors  of  the  contiguous  ter- 
ritory proposed  to  be  included  in  said  district,  in  not  smaller  subdi- 
visions than  entire  forties  of  land,  in  the  same  or  any  adjoining 
school  townships,  as  may  best  subserve  the  convenience  of  the 
people  for  school  purposes,  and  shall  give  the  same  notices  of  a 
meeting  as  required  in  other  cases,  at  which  meeting  all  voters  upon 
the  territory  included  within  the  contemplated  independent  district 
shall  be  allowed  to  vote  by  ballot  for  or  against  such  separate 
organization.  When  it  is  proposed  to  include  territory  outside  the 
town,  city  or  village,  the  voters  residing  upon  such  outside  terri- 
tory shall  be  entitled  to  vote  separately  upon  the  proposition  for 
the  formation  of  such  new  district,  by  presenting  a  petition  of  at 
least  twenty-five  per  cent  of  the  voters  residing  upon  such  outside 
territory,  and  if  a  majority  of  the  votes  so  cast  is  against  including 
such  outside  territory,  then  the  proposed  independent  district  shall 
not  be  formed.  [19  G.  A.,  ch.  118,  §  1;  18  G.  A.,  ch.  139;  C. '73,  §§ 
1800-1;  R,  §§2097,  2105.] 

SEC.  2795.  Organization.  If  the  proposition  to  establish  an 
independent  district  carries,  then  the  same  board  shall  give  the 
usual  notice  for  a  meeting  to  choose  a  board  of  directors.  Two 
directors  shall  be  chosen  to  serve  until  the  next  annual  meeting,  two 

existing  facts  govern,  which  may  be  ascertained  by  any  reliable  means.     77  Iowa, 
676.     Code,  section  177. 

4.  The  contemplated  independent  school  district  must  include  all  of  the  city, 
town  or  village,  and  may  include  as  much  contiguous  territory  as  seems  desirable. 
It  is  not  limited  by  subdistrict  lines,  but  may  include  a  part  or  all  of  two  or  more 
subdistricts,  in  the  same  or  in  adjoining  school  townships. 

5.  When  the  boundaries  extend  beyond  the  limits  of  a  town  or  city,  they  must 
conform  to  lines  of  congressional  divisions  of  land.     Note  9  to  section  2801. 

6.  The  board  of  the  school  township  in  which  a  majority  of  the  voters  on  the 
town  plat  resides,  may  establish  tne  boundaries  of  said  district  without  the  con- 
currence of  any  other  board,  even  when  said  territory  is  taken  from  two  or  more 
civil  townships  in  the  same  or  in  adjoining  counties. 

7.  The  notices  of  the  election  to  determine  the  question  of  a  separate  organi- 
zation should  state  clearly  the  boundaries  of  the  proposed  district. 

8.  All  of  the  electors  residing  within  the  proposed  limits  must  be  permitted 
to  vote  on  the  question  of  separate  organization. 

9.  The  president  and  secretary  of  the  school  township  should  act  as  chairman 
and  secretary  of  this  meeting,  and  with  one  of  the  board,  as  judges  of  the  election. 

10.  The  incorporation  of  a  town  does  not  in  itself  affect  the  school  organiza- 
tion of  the  district  in  which  the  town  may  be  situated. 

11.  Town  sites  platted  and  unincorporated  shall  be  known  as  villages.     Code, 
section  638. 

SECTION  2795.  1.  The  first  board  will  enter  upon  its  duties  as  soon  as  quali- 
fied and  will  organize  by  choosing  a  president  and  a  secretary.  The  term  of 
office  of  the  president  will  expire  on  the  third  Monday  in  the  following.  March, 
that  of  the  secretary,  on  the  third  Monday  in  the  next  September.  A  treasurer 
to  serve  until  the  third  Monday  in  the  following  March,  will  be  chosen  by  the 
electors  at  the  time  directors  are  chosen. 

2.  The  secretary  should  immediately  file  with  the  county  superintendent, 
auditor  and  treasurer,  each,  a  certificate,  showing  the  officers  of  the  board,  and 
their  postoffice  address.     All  subsequent  changes  made  in  the  officers  of  the 
board  should  be  reported.     Section  2766. 

3.  The  secretary  and  treasurer  must  qualify  within  ten  days.     Section  2760. 


SCHOOL  LAWS  OF  IOWA.  63 

until  the  second,  and  one  until  the  third  annual  meeting  thereafter. 
The  board  shall  organize  by  the  election  of  officers  in  the  usual  man 
ner.  [15  G.  A.,  ch.  27;  C.73,  §  1802;  R.,  §§  2099,  2100,  2106-1 

SEC.  2796.  Taxes  certified  and  levied.  The  organization  oi 
such  independent  district  shall  be  effected  on  or  before  the  first  day 
of  August  of  the  year  in  which  it  is  attempted,  and,  when  completed, 
all  taxes  certified  for  the  school  township  or  townships  of  which  the 
independent  district  formed  a  part  shall  be  void  so  far  as  the  prop- 
erty within  the  limits  of  the  independent  district  is  concerned,  and  the 
board  of  such  independent  district  shall  fix  the  amount  of  all  neces- 
sary taxes  for  school  purposes,  including  schoolhouse  taxes,  at  a 
meeting  called  for  such  purpose  at  any  time  before  the  third  Monday 
of  August,  which  shall  be  certified  to  the  board  of  supervisors  on  or 
before  the  first  Monday  of  September,  and  it  shall  levy  said  tax  at 
the  same  time  and  in  the  same  manner  that  other  school  taxes  are 
required  to  be  levied.  [C.73,  §1804.] 

SEC.  2797.  Rural  independent  districts.  At  any  time  before 
the  first  day  of  August,  upon  the  written  request  of  one-third  of  the 
legal  voters  in  each  subdistrict  of  any  school  township,  the  board 
shall  call  a  meeting  of  the  voters  of  the  subdistrict,  giving  at  least 
thirty  days'  notice  thereof  by  posting  three  notices  in  each  subdis- 
trict in  each  school  township,  at  which  meeting  the  voters  shall  vote 
by  ballot  for  or  against  rural  independent  district  organization.  If 
a  majority  of  the  votes  cast  in  each  subdistrict  shall  be  favorable  to 
such  independent  organization,  then  each  subdistrict  shall  become  a 
rural  independent  district,  and  the  board  of  the  school  township  shall 
then  call  a  meeting  in  each  rural  independent  district  for  the  choice 
of  three  directors,  to  serve  one,  two  and  three  years,  respectively, 
and  the  organization  of  the  said  rural  independent  district  shall  be 
completed.  [22  G.  A.,  ch.  61.] 

SEC.  2798.  Subdivision  of  independent  districts.  Independ- 
ent districts  may  subdivide  for  the  purpose  of  forming  two  or  more 

4.  All  proceedings  connected  with  the  organization  of  the  district  should  be 
recorded  by  the  secretaries  in  the  records  of  the  districts,  so  that  the  facts  con- 
cerning its  formation  and  organization  may  be  readily  obtained,  in  case  the 
validity  of  the  proceedings  is  ever  questioned. 

SECTION  2796.  1.  This  section  is  construed  to  mean  that  the  organization 
contemplated  must  be  made  between  January  first  and  the  first  of  August. 

2.  When  a  new  independent  school  district  is  organized  as  provided  by  this 
section,  the  board  has  authority  to  determine  and  certify  all  necessary  taxes,  for 
school  purposes,  for  that  year,  including  schoolhouse  taxes. 

3.  An  independent  school  district  composed  of  territory  from  two  or  more 
counties,  belongs,  for  school  purposes,  to  the  county  wherein  most  of  the  children 
reside.     A  certificate  should  be  issued  by  the  superintendent  of  the  county  to 
which  it  thus  belongs,  which  certificate  is  valid  for  any  school  in  the  district. 

SECTION  2797.  1.  The  vote  upon  the  change  may  be  taken  at  any  time  of 
year,  but  the  organization  cannot  be  completed  between  August  and  January. 

2.  Unless  each  and  every  subdistrict  in  the  school  township  gives  a  majority 
vote  favoring  the  change  in  form,  the  township  remains  a  school  township. 

3.  A  single  subdistrict  may  be  organized  independent  only  when  a  village, 
town,  or  city  is  included.     Section  2794. 

4.  When  the  new  boards  are  organized,  they  should  meet  as  soon  as  possible, 
and  make  settlement  of  assets  and  liabilities,  as  directed  by  section  2802. 

SECTION  2798.  1.  The  provisions  of  this  section  apply  to  all  independent  dis- 
tricts and  civil  township  lines  are  not  a  bar. 


64  SCHOOL  LAWS  OP  IOWA. 

independent  districts,  or  have  territory  detached  to  be  annexed  with 
other  territory  in  the  formation  of  an  independent  district  or  dis- 
tricts, the  board  of  directors  of  the  original  independent  districts  to 
establish  the  boundaries  of  the  districts  thus  formed,  such  new  dis- 
tricts to  contain  not  less  than  four  government  sections  of  land  each; 
but  in  case  a  stream  or  other  obstacle  shall  debar  a  number  of  chil- 
dren of  school  privileges,  an  independent  district  may  be  thus  organ- 
ized containing  less  territory;  or,  if  such  new  district  shall  include 
within  its  territory  a  town  or  village  with  not  less  than  one  hundred 
inhabitants,  it  may  in  like  manner  be  made  up  of  less  territory;  but 
in  neither  case  shall  the  new  district  contain  less  than  two  govern- 
ment sections  of  land,  nor  be  organized  except  on  a  majority  vote  of 
the  electors  of  each  proposed  district,  and  the  proceedings  for  such 
subdivision  shall  in  all  respects  be  like  those  provided  in  the  section 
relating  to  organizing  cities  and  towns  into  independent  districts,  so 
far  as  applicable.  [18  G.  A.,  ch.  131;  17  G.  A.,  ch.  133,  §§  1-4.] 

SEC.  2799.  Uniting  independent  districts.  Independent 
districts  located  contiguous  to  each  other  may  unite  and  form  one 
and  the  same  independent  district  in  the  manner  following:  At  the 
written  request  of  any  ten  legal  voters  residing  in  each  of  said  inde- 
pendent districts,  or,  if  there  be  not  ten,  then  a  majority  of  such 
voters,  their  respective  boards  of  directors  shall  require  their  secre- 
taries to  give  at  least  ten  days'  notice  of  the  time  and  place  for  a 
meeting  of  the  electors  residing  in  each  of  such  districts,  by  posting 
written  notices  in  at  least  five  public  places  in  each  of  said  districts, 
at  which  meeting  the  electors  shall  vote  by  ballot  for  or  against  a 
consolidated  organization  of  said  independent  districts,  and,  if  a 
majority  of  the  votes  cast  at  the  election  in  each  district  shall  be  in 
favor  of  uniting  said  districts,  the  secretaries  shall  give  similar 
notice  of  a  meeting  of  the  electors  as  provided  for  by  laT/v  for  the 
organization  of  independent  districts  including  cities  and  towns.  [22 
G.  A.,  ch.  63,  §1;  C.  73,  §1811.] 

SEC.  2800.  Rural  independent  districts  united  into  school 
township.  A  township  which  has  been  divided  into  rural  inde- 
pendent districts  may  be  erected  into  a  school  township  by  a  vote  of 
the  electors,  to  be  taken  upon  the  written  request  of  one- third  of  the 

2.  The  amount  of  territory  cannot  be  less  than  an  equivalent  of  four  govern- 
ment sections,  unless  the  provisions  of  this  section  apply. 

3.  An  independent  district  containing"  territory  amounting  to  less  than  eight 
government  sections  may  be  divided  into  two  independent  districts,  if  an  unbridged 
stream  or  other  obstacle  prevents  a  considerable  number  of  scholars  from  attend- 
ing school,  or  if  one  portion  contains  a  village  of  not  less  than  one  hundred  inhab- 
itants.    The  district  so  formed  must  contain  territory  amounting  to  not  less  than 
two  government  sections,  and  a  majority  of  the  votes  cast  in  each  contemplated 
district  must  be  cast  for  the  division. 

4.  When  the  required  number  of   electors    petition   for  such  division  the 
board  is  compelled  to  call  the  election,  but  the  organization  cannot  be  completed 
between  August  and  January. 

5.  When  an  independent  district  is  subdivided,  the  one  of  the  districts  not 
formed  in  accordance  with  the  exception  made  must  have  at  least  four  sections. 

SECTION  2800.  1.  The  electors  of  any  civil  township  which  has  adopted  the 
rural  independent  school  district  organization,  may  vote  upon  the  question  of 
returning  to  the  school  township  organization. 

2.  The  petition  provided  for  in  this  section  may  be  presented  to  the  trustees 
and  the  vote  ordered  at  any  time  of  the  year. 


SCHOOL  LAWS   OF  IOWA.  65 

legal  voters  residing  in  such  civil  township.  Upon  presentation  oi 
such  written  request  to  the  township  trustees,  they  shall  call  a  meet- 
ing of  the  electors  at  the  usual  place  or  places  of  holding  the  town- 
ship election,  upon  giving  at  least  ten  days'  notice  thereof  by  posting 
three  written  notices  in  each  rural  independent  district  in  the  town- 
ship, and  by  publication  in  a  newspaper,  if  one  be  published  in  such 
township,  at  which  meeting  the  said  electors  shall  vote  by  ballot  for 
or  against  a  school  township  organization.  If  a  majority  of  the  votes 
cast  at  such  election  be  in  favor  of  such  organization,  each  rural 
independent  district  shall  become  a  subdistrict  of  the  school  town- 
ship, and  shall  organize  as  such  on  the  first  Monday  in  March  fol- 
lowing by  the  election  of  a  director,  notice  of  which  shall  be  given 
as  in  other  cases  by  the  secretary  of  each  of  the  rural  independent 
districts,  and  the  directors  so  elected  shall  organize  as  a  board  of 
directors  of  the  school  township  on  the  third  Monday  in  March  fol- 
lowing. [16  G.  A.,  ch.  155;  C.  73,  §§  1815-20.] 

SEC.  2801.  Division  of  school  township  into  subdistricts. 
The  board  of  any  school  township  may  by  a  vote  of  a  majority  of  all 
the  members  thereof,  at  the  regular  meeting  in  September,  or  at  any 

3.  The  meeting  held  to  determine  the  question  of  school  township  organiza- 
tion, is  a  township  meeting;  if  the  vote  is  in  the  affirmative,  each  and  every 
rural  independent  school  district  in  the  township  becomes  a  subdistrict  of  the 
school  township. 

4.  The  township  trustees  may  act  as  judges  of  this  election,  but  in  their 
absence  the  electors  assembled  may  choose  a  chairman  and  one  or  two  secretaries 
to  act  as  judges. 

5.  The  board  of  each  rural  independent  school  district  will  continue  to  act 
until  the  third  Monday  in  March  following  the  election,  at  which  time  a  full 
statement  of  all  assets  and  liabilitias  of  the  district  should  be  reported  to  the 
board  of  the  school  township  when  organized. 

6.  The  first  board  of  a  school  township  formed  from  a  township  organized  as 
a  single  rural  independent  school  district,  will  consist  of  three  directors,  elected 
by  the  whole  township.     Section  2752.     If  this  board  chooses  to  subdivide  the 
district,  it  may  do  so.     Section  2801.     Or  it  may  allow  the  school  township  to 
remain  a  single  subdistrict,  a  plan  having  very  many  excellent  advantages. 

7.  The  school  township  meeting  is   held  on  the  second  Monday  in  March, 
to  vote  the  necessary  schoolhouse  taxes,  as  provided  in  section  2749. 

8.  Between  the  time  of  the  election  provided  for  and  the  third  Monday  in 
March  following,  the  boards  of  the  several  rural  independent  school  districts  have 
authority  to  perform  all  necessary  acts  relating  to  the  affairs  of  their  districts, 
but  they  cannot  incur  any  indebtedness,  nor  make  any  contracts,  except  such  as 
may  be  necessary  to  maintain  the  usual  schools  of  their  districts. 

9.  Upon  the  organization  of  the  school  township,  the  secretary  should  file 
with  the  county  auditor  and  treasurer  a  certified  plat  of  the  district,  and  report 
to  the  county  superintendent,  auditor,  and  treasurer,  the  name  and  address  of 
each  officer  of  the  new  board.    Section  2766. 

10.  The  school  township  receives  all  the  assets  and  assumes  all  the  liabilities 
of  the  several  rural  independent  school  districts.     In  case  a  rural  independent 
school  district  has  issued  bonds,  or  otherwise  incurred  an  indebtedness,  for  the 
erection  of  a  schoolhouse,  the  board  of  the  school  township  has  authority  to 
apportion  schoolhouse  taxes  for  the  payment  of  such  indebtedness,  from  time  to 
time,  as  justice  and  equity  may  require. 

SECTION  2801.    1.     All  changes  in  subdistrict  boundaries  must  be  made  in 
strict  conformity  with  this  section. 
5 


66  SCHOOL  LAWS   OF  IOWA. 

special  meeting  called  thereafter  for  that  purpose,  divide  the  school 
township  into  subdistricts  such  as  justice,  equity  and  the  interests 
of  the  people  require,  and  may  make  such  alterations  of  the  bound- 
aries of  subdistricts  heretofore  formed  as  may  be  deemed  necessary, 
and  shall  designate  such  subdistricts  and  all  subsequent  alterations 
in  a  distinct  and  legible  manner  upon  a  plat  of  the  school  township 
provided  for  that  purpose,  and  shall  cause  a  written  description  of 
the  same  to  be  recorded  in  the  records  of  the  school  township,  a  copy 
of  which  shall  be  delivered  by  the  secretary  to  the  county  treasurer 
and  also  to  the  county  auditor,  who  shall  record  the  same  in  his 
office.  The  boundaries  of  subdistricts  shall  conform  to  the  lines  of 
congressional  divisions  of  land,  and  the  formation  or  alteration  of 
subdistricts  as  contemplated  in  this  section  shall  not  take  effect  until 
the  first  Monday  in  March  thereafter,  at  which  time  a  director  shall 
be  elected  for  any  subdistrict  newly  formed.  [21  G.  A.,  ch.  124;  16 
G.  A.,  ch.  109;  C.  73,  §§  1725,  1738,  1796;  R.,  §  2038.] 

SEC.  2802.  Changes  of  boundaries — division  of  assets  and 
liabilities.  When  any  changes  are  made  in  the  boundaries  of  any 
school  corporations,  the  boards  of  directors  in  office  at  the  time  shall 
continue  to  act  until  the  next  regular  school  election,  when  the  new 

2.  Subdistrict  boundaries  can  be  changed  only  by  affirmative  vote  of  a 
majority  of  all  the  members  of  the  board. 

3.  While  this  section  provides  that  boards  may  change  subdistrict  boundaries 
at  the  regular  meeting  in  September,  or  at  a  special  meeting  called  for  that  pur- 
pose, it  must  be  understood  that  such  change  cannot  be  made  so  late  as  to  prevent 
the  notices  of  election  from  being  given  at  least  five  days  previous  to  the  subdis- 
trict elections,  as  required  by  section  2751.     Decisions,  49. 

4.  When  new  civil  townships  are  formed,  the  corresponding  changes  in  school 
township  boundaries  take  effect  at  the  next  subdistrict  election.     Section  2790. 

5.  All  territory  must  be  included  within  some  school  district,  and  all  of  a 
school  township  must  be  included  in  some  subdistrict.     Decisions,  28. 

6.  A  subdistrict  is  not  a  corporate  body  and  has  no  financial  claims,  nor  can 
it  be  held  liable  for  debts,  except  as  a  part  of  the  school  township.    Decisions,  11. 

7.  The  board  may  discontinue  or  abolish  a  subdistrict  by  a  readjustment  of 
boundaries,  taking  effect  in  March  following. 

8.  It  is  especially  important  that  the  county  auditor  and  treasurer  be  officially 
notified  by  the  secretary,  whenever  any  changes  are  made  in  district  boundaries, 
by  the  formation  of  independent  districts  and  otherwise,  to  enable  these  officers 
to  perform  their  duties  in  the  levy  of  taxes,  and  the  apportionment  and  disburse, 
ment  of  school  funds. 

9.  By  congressional  divisions  of  land  is  meant  those  divisions  authorized  by 
congress  in  government  surveys,  of  which  the  smallest  is,  in  general,  one-sixteenth 
of  a  section,  or  a  tract  of  forty  acres  in  a  square  form.     Government  lines,  how- 
ever, sometimes  meander  along  streams  and  other  bodies  of  water,  and  divisions 
of  land  are  thus  formed  of  less  than  forty  acres.     Decisions,  28. 

10.  There  is  nothing  in  the  law  fixing  the  number  of  school  age  necessary  for 
a  new  subdistrict,  nor  is  the  exact  amount  of  territory  to  be  included  determined 
by  the  law. 

SECTION  2802.  1.  Assets  include  schoolhouses,  sites,  and  all  other  property 
and  moneys  belonging  to  the  district.  Liabilities  include  all  debts  for  which  the 
district  in  its  corporate  capacity  is  liable.  In  determining  the  assets,  school  prop- 
erty should  be  estimated  at  its  present  cash  value. 

2.  It  is  presumed  that  the  teachers'  fund  and  contingent  fund  have  been 
expended  equitably.  The  division  of  assets  will  therefore  relate  to  the  school- 
house  and  other  property,  moneys  in  all  funds  on  hand,  and  taxes  uncollected. 


SCHOOL  LAWS  OF  IOWA.  67 

corporations  shall  organize  by  the  election  of  directors  in  accordance 
with  the  new  boundaries,  whereupon  the  new  boards  shall  make  an 
equitable  division  of  all  assets  and  liabilities  of  the  corporations 
affected;  and,  if  they  cannot  agree,  the  matters  upon  which  they 
differ  shall  be  decided  by  disinterested  arbitrators,  one  selected  by 
each  board  having  an  interest  therein,  and  if  the  number  thus  selected 
is  even  then  one  shall  be  added  by  the  county  superintendent,  and 

3.  Each  fund  should  be  divided  in  proportion  to  the  last  assessed  value  of  the 
property,  real  and  personal.  Any  portion  of  the  teachers'  fund  derived  from  the 
semi-annual  apportionment,  should  be  divided  in  proportion  to  the  number  of  per- 
sons between  five  and  twenty-one  years,  according  to  the  last  enumeration. 

4  Schoolhouses  will  usually  become  the  property  of  the  district  in  which  they 
are  situated.  If  their  value  exceeds  the  amount  justly  due  that  district,  and  there 
is  not  sufficient  schoolhouse  fund  on  hand  to  equalize  the  division,  the  boards 
should  fix  the  amount  each  district  should  receive  or  pay. 

5.  An  equitable  arrangement  mutually  satisfactory  to  the  parties  in  interest 
will  be  in  accordance  with  the  intent  of  the  law.     Any  agreement  should  be 
reduced  to  writing,  and  entered  in  the  records  of  each  district. 

6.  The  districts,  after  the  division,  which  do  not  receive  their  just  proportion 
of  schoolhouse  property,  have  a  claim  against  those  that  do  obtain  more  than 
a  due  share.     The  last  are  indebted  to  the  first  in  the  difference.     36  Iowa,  216. 

7.  A  simple  and  just  method  to  dispose  of  unpaid  and  delinquent  taxes,  also 
of  all  funds  in  the  hands  of  the  county  treasurer,  is  to  direct  the  payment  of  these 
funds  in  such  manner  that  taxes  derived  from  any  part  of  the  territory  shall  be 
paid  to  the  district  to  which  such  territory  will  then  belong. 

8.  If  money  is  received  which  belongs  to  another,  the  rule  is  a  general  one 
that  the  law  implies  a  promise  on  the  part  of  the  receiver  to  pay  it  over.     Based 
upon  this  promise  an  action  may  be  maintained  for  its  recovery.     11  Iowa,  506  and 
80  Iowa,  495. 

9.  Any  conflict  between  districts  with  regard  to  boundaries  will  be  best  deter- 
mined by  the  one  aggrieved  asking  a  court  to  restrain  the  county  treasurer  from 
paying  taxes  to  the  other  district,  on  the  ground  that  the  district  complaining  is 
entitled  to  receive  said  taxes. 

10.  Section  2793  provides  for  change  of  boundaries  between  adjoining  inde- 
pendent districts  in  the  same  civil  township. 

11.  If  the  boundary  between  an  independent  school  district  and  school  town- 
ship is  the  line  of  the  civil  township,  it  cannot  be  changed.     If  the  independ- 
ent school  district    includes    a   portion  of  a  civil  township  the  remainder  of 
which  is  a  school  township,  the  boundary  between  the  districts  may  be  changed. 

12.  Where  a  change  of  boundaries  between  districts  is  desired,  and  one  of  the 
boards  acts  favorably,  a  petition  may  be  presented  to  the  other  board  to  concur 
in  that  action,  although  it  formerly  may  have  refused  to  grant  a  similar  petition. 
From  the  action  of  the  latter  board  upon  the  request  an  appeal  may  be  taken. 

13.  No  appeal  can  be  taken  from  an  action  cf  the  board  taking  the  initiatory 
step,  while  it  requires  the  concurrence  of  another  board  to  complete  the  action. 
The  concurrence  or  refusal  of  the  second  board  is  the  order  from  which  an  appeal 
may  be  taken.     Decisions,  46  and  57. 

14.  When  an  appeal  is  taken  from  the  proper  board,  the  county  superintend- 
ent must  affirm  the  action  of  one  board  or  tne  other,  but  cannot  himself  modify 
the  action  of  the  board  acting  first.     Decisions,  57. 

15.  Territory  transferred  from  one  district  to  another  carries  with  it  an  equi- 
t/able  proportion  of  the  assets  and  liabilities  of  the  district  from  which  it  is  taken, 
the  district  accepting  it  becoming  responsible  for  such  liabilities. 

16.  It  is  not  material  which  board  takes  the  first  action  with  regard  to  the 
transfer  of  territory.     Usually  it  is  desirable  to  secure  the  action  of  the  board 


68  SCHOOL  LAWS   OF  IOWA. 

the   decision  of   the  arbitrators    shall   be  made  in  writing,  either 
party  having  the  right  to  appeal  therefrom  to  the  district  court.    TO 
73,  §  1715.] 

SEC.  2803.  Attending  school  in  another  corporation.  A 
child  residing  in  one  corporation  may  attend  school  in  another  in 
the  same  or  adjoining  county  if  the  two  boards  so  agree.  In  case 
no  such  agreement  is  made,  the  county  superintendent  of  the  county 
in  which  the  child  resides  and  the  board  of  such  adjoining  corpora- 
tion may  consent  to  such  attendance,  if  the  child  resides  nearer  a 
schoolhouse  in  the  adjoining  corporation  and  one  and  one-half  miles 
or  more  from  any  public  school  in  the  corporation  of  his  residence. 
But  before  granting  such  consent  the  county  superintendent  shall 
give  notice  to  the  board  where  the  child  resides  and  hear  objections, 
if  any.  In  case  such  consent  is  given,  the  board  of  the  district  of 
the  child's  residence  shall  be  notified  thereof  in  writing,  and  shall 

with  regard  to  which  there  is  no  doubt,  and  afterward  to  endeavor  to  induce  the 
other  board  to  take  the  same  action.  If  the  board  last  acting  takes  an  action  dif- 
ferent in  kind  it  may  be  regarded  as  initiating  a  new  order,  which  in  turn  must 
go  to  the  other  board  for  adoption  or  rejection. 

17.  An  appeal  to  the  county  superintendent  will  not  lie  from  the  joint  action 
of  boards  in  making  a  settlement  of  assets  and  liabilities.  Decisions,  80. 

SECTION  2803.  1.  This  section  grants  to  all  boards  the  power  to  agree  upon 
terms  of  attendance.  Such  agreement  should  name  the  amount  to  be  paid,  if  any, 
the  time  during  which  the  stipulation  shall  be  in  force,  and  other  matters. 

2.  If  scholars  reside  more  than  one  and  one-half  miles  from  a  school  in  their 
own  district  and  nearer  to  a  school  in  another  district,  which  they  desire  to 
attend,  application  should  first  be  made  to  both  boards  of  directors;  if  the  boards 
refuse  to  enter  into  an  agreement,  they  may  attend  school  in  such  district  with 
the  consent  of  the  board  of  the  district  where  they  desire  to  attend  and  of  the 
county  superintendent  of  the  county  in  which  the  children  reside. 

3.  This  section  applies  to  districts  in  the  same  or  in  other  civil  townships. 

4.  What  is  sought  by  the  law  is  to  supply  to  every  child  advantages  equal  as 
nearly  as  possible  with  those  afforded  to  the  average  child. 

5.  The  distance  should,  in  all  cases,  be  computed  by  the  nearest  public  road. 

6.  If  scholars  live  nearer  to  a  school  in  their  own  district,  or  less  than  one 
and  one-half  miles  of  one,  they  can  attend  school  in  another  district  at  the  expense 
of  their  own  district,  only  by  an  agreement  of  both  boards. 

7.  In  no  case  may  scholars  attend  school  in  a  district  in  which  they  do  not 
reside,  without  the  consent  of  the  board  thereof.     Section  2774. 

8.  The  first  three  lines  give  the  boards  power  to  agree  upon  terms  of  attend- 
ance, without  regard  to  the  distance  in  the  case.     But  advantage  may  not  be  taken 
of  the  remainder  of  the  section,  unless  all  the  provisions  enumerated  are  fulfilled. 

9.  In  determining  distances  between  schools  the  measurement  must  be  made 
by  the  nearest  public  highway  to  each  school.    And  if  the  person  lives  off  the 
highway,  the  distance  should  be  computed  by  the  nearest  and  most  accessible 
private  way  as  usually  traveled  from  the  residence  to  the  highway. 

10.  What  is  sought  to  be  determined  is  the  actual  distance  necessary  to  be 
traveled  by  the  scholar.     It  may  therefore-  sometimes  be  required  to  measure 
from  the  door  of  the  home  of  the  scholar  to  the  door  of  the  schoolhouse,  in  order 
to  ascertain  definitely  the  actual  distance  from  .school. 

11.  There  is  no  provision  by  which  the  board  of  children  may  be  paid. 

12.  In  giving  or  withholding  his  consent,  the  county  superintendent  should 
consider  all  the  circumstances,  and  when  he  has  concurred  or  refused  to  concur, 
the  matter  is  concluded  for  that  time,  as  no  appeal  will  lie. 


SCHOOL  LAWS  OF  IOWA.  69 

pay  to  the  other  district  the  average  tuition  per  week  and  an  average 
proportion  of  contingent  expenses  for  the  school  or  room  thereof  in 
which  such  child  attends.  If  payment  is  refused  or  neglected,  the 
board  of  the  creditor  corporation  shall  file  an  account  thereof  certi- 
fied by  its  president  with  the  auditor  of  the  county  of  the  child's 
residence,  who  shall,  at  the  time  of  the  making  of  the  next  semi- 
annual apportionment,  deduct  the  amount  from  the  sum  apportioned 
to  the  debtor  district  and  cause  it  to  be  paid  to  the  corporation  enti- 
tled thereto.  [17  G.  A.,  ch.  41;  16  G.  A.,  ch.  64;  0.73,  §  1793;  R., 
§  2024;  C.'51,  §  1143.] 

SEC.  2804.  Scliool  age — nonresidents.  Persons  between  five 
and  twenty-one  years  of  age  shall  be  of  school  age.  Nonresident 
children  and  those  sojourning  temporarily  in  any  school  corporation 

13.  The  position  of  the  county  superintendent  is  somewhat  similar  to  that  of 
a  disinterested  arbitrator  between  the  two  boards.     He  should  confer  with  both 
boards  if  possible,  and  should  take  into  account  all  the  conditions  of  the  case. 

14.  If  there  is  little  difference  in  the  distance,  or  if  the  schoolhouse  of  the 
scholar  is  only  slightly  in  excess  of  a  mile  and  a  half,  then  the  county  superintend- 
ent should  hesitate  to  concur,  especially  if  it  will  weaken  the  funds  or  diminish 
the  attendance  at  the  home  school  so  as  unduly  to  impair  its  success. 

15.  The  action  of  the  board  where  the  children  desire  to  attend  and  of  the 
county  superintendent  is  a  concurrent  one.     The  two  parties  are  thus  supposed 
to  have  equal  discretionary  powers,  and  there  is  no  appeal  from  concurrent  action 
or  from  the  refusal  of  either  to  concur. 

16.  Collection  of  tuition  cannot  be  made  by  appeal  to  the  county  superintend- 
ent, but  questions  in  controversy  must  be  settled  through  the  courts. 

17.  The  notice  referred  to  cannot  be  said  to  be  officially  transmitted  unless 
signed  by  both  the  president  and  secretary.     Payment  for  attendance  can  be  col- 
lected from  the  district  where  the  children  reside,  only  from  the  date  of  such 
notice.     Form  37. 

18.  This  notice  holds  only  for  the  term,  or  such  time  as  the  county  superin- 
tendent and  board  name  in  their  written  concurrent  agreement. 

19.  Depositing  a  letter  in  a  postoffice  without  further  proof  that  such  letter 
reached  the  party  addressed,  is  not  a  legal  notice  as  required  to  secure  payment 
of  tuition.     Code,  section  3531. 

20.  The  average  proportion  of  tuition  and  contingent  expenses  for  any  number 
of  scholars  is  found  by  dividing  the  amount  expended  for  these  purposes  in  the 
school  where  they  have  attended,  by  the  total  attendance  in  days,  and  multiply- 
ing the  quotient  by  the  number  of  days  said  scholars  have  attended. 

21.  When  scholars  attend  a  graded  school,  the  average  tuition  should  be  com- 
puted on  the  basis  of  the  expense  of  each  pupil  in  the  grade  or  room  in  which 
such  scholars  are  placed;  the  average  expense  of  contingent  fund  may  be  computed 
as  a  part  of  the  whole  contingent  expense  of  such  school. 

22.  Any  other  action  than  compliance  with  the  absolute  and  explicit  terms  of 
the  law,  will  render  the  collection  of  tuition  difficult  and  in  most  cases  impossible. 
Decisions,  44. 

23.  The  provisions  of  this  section  are  the  result  of  a  long  experience  in  this 
state  with  regard  to  the  matter  of  attendance.     As  a  general  provision,  the  law  is 
very  equitable  and  gives  almost  universal  satisfaction. 

SECTION  2804.  1.  Children  under  five  years  of  age  will  be  more  injured  by 
the  confinement  than  benefited  by  the  instruction.  They  cannot  claim  the  advan- 
tages of  the  school,  and  should  not  be  allowed  to  attend. 

2.  A  child  under  the  minimum  legal  school  age  of  five  years  may  not  be 
admitted  to  receive  instruction  even  upon  the  payment  of  tuition. 


70  SCHOOL  LAWS  OF  IOWA. 

may  attend  school  therein  upon  such  terms  as  the  board  may  deter- 
mine. The  parent  or  guardian  whose  child  or  ward  attends  school 
in  any  independent  district  of  which  he  is  not  a  resident  shall  be 
allowed  to  deduct  the  amount  of  school  tax  paid  by  him  in  said  dis- 
trict from  the  amount  of  the  tuition  required  to  be  paid.  [C.  73.  § 
1795.] 

SEC.  2805.      Bible  not  excluded.      The   bible  shall    not  be 
excluded  from  any  public  school  or  institution  in  the  state,  nor  shall 

3.  Persons  over  twenty-one  years  of  age  are  not  entitled  to  the  benefits  of  the 
public  schools. 

4.  The  board  must  be  satisfied  that  the  residence  of  the  scholar  in  the  district 
is  actual  before  allowing  free  attendance. 

5.  In  determining  whether  a  person  is  entitled  to  attendance  free  of  tuition, 
the  board  may  take  any  impartial  method  of  deciding  the  question.    Decisions, 
67  and  78. 

6.  Persons  may  be  required  to  satisfy  the  board  that  residence  is  actual,. 
before  being  admitted  to  free  attendance. 

7.  Any  one  aggrieved  by  the  order  of  the  board  admitting,  or  refusing  to 
admit,  a  scholar,  has  the  remedy  of  appeal,  or  of  application  at  once  to  a  court. 

8.  Paying  school  taxes  does  not  entitle  nonresidents  to  school  privileges. 
SECTION  2805.    1.     Our  common  schools  are  maintained  at  public  expense,  and 

the  law  contemplates  that  they  shall  be  equally  free  to  persons  of  every  faith.  A 
very  suitable  devotional  exercise  consists  in  the  teacher  reading  a  portion  of 
scripture  without  comment,  and  the  repetition  of  the  Lord's  prayer. 

2.  Neither  the  board  nor  the  electors  may  direct  the  teacher  to  follow  a  given 
course  in  respect  to  the  reading  of  the  bible  in  school.    Each  teacher  will  be 
guided  by  his  own  good  judgment,  and  the  wishes  of  his  patrons  may  properly 
have  weight  in  aiding  him  to  determine  his  action. 

3.  It  is  a  matter  of  individual  option  with  school  teachers  as  to  whether  they 
will  read  the  bible  in  school  or  not,  such  option  being  restricted  only  by  the  pre- 
vision that  no  child  shall  be  required  to  read  it  contrary  to  the  wishes  of  his 
parent  or  guardian,  and  such  provision  is  not  unconstitutional.    64  Iowa,  367. 

4.  While  moral  instruction  should  be  given  in  every  school,  neither  this  sec- 
tion nor  the  spirit  of  our  constitution  and  laws  will  permit  a  teacher  or  board  to 
enforce  a  regulation  in  regard  to  religious  exercises,  which  will  wound  the  con- 
science of  any,  and  no  scholar  can  be  required  to  conform  to  any  particular  mode 
of  worship.    64  Iowa,  367. 

5.  Moral  instruction  tending  to  impress  upon  the  minds  of  pupils  the  impor- 
tance of  truthfulness,  temperance,  purity,  public  spirit,  patriotism,  and  respect 
for  honest  labor,  obedience  to  parents  and  due  deference  for  old  age,  shall  be  given 
by  every  teacher  in  the  public  schools.    School  Laws  of  North  Dakota,  1896. 

•  6.  The  law  intends  that  the  public  schools  of  the  state  shall  be  absolutely  free 
from  any  sectarian  or  denominational  bias.  The  teaching  of  any  peculiar  relig- 
ious doctrine  or  creed,  or  the  use  of  any  book  prepared  for  the  purpose  of  incul- 
cating such  doctrine  or  creed,  is  strictly  forbidden  by  the  spirit  of  our  law,  and 
cannot  be  justified  or  allowed  in  any  case. 

7.  If  a  teacher  gives  religious  instruction  or  teaches  in  the  interest  of  any 
church  or  denomination,  the  board  may  be  prevented  from  continuing  or  sanc- 
tioning such  instruction,  by  injunction  from  the  courts,  and  having  ordered  or 
countenanced  this  instruction,  may  be  prevented  in  the  same  manner  from  paying 
such  teacher  from  the  public  school  funds. 

8.  The  diversion  of  the  school  fund  in  any  form  or  to  any  extent  for  the  sup- 
port of  sectarian  or  private  schools  is  inadmissible  and  clearly  in  violation  of  our 
laws.     59  Iowa,  70. 


SCHOOL  LAWS  OF  IOWA.  71 

any  child  be  required  to  read  it  contrary  to  the  wishes  of  his  parent 
or  guardian.     [C.  73,  §  1764;  R.,  §  2119.] 

SEC.  2806.  School  taxes.  The  board  of  each  school  corpora- 
tion shall  at  its  regular  meeting  in  March,  or  at  a  special  meeting 
called  for  that  purpose  between  the  time  designated  for  such  regulai 
meeting  and  the  third  Monday  in  May,  estimate  the  amount  required 
for  the  contingent  fund,  not  exceeding  five  dollars  for  each  person 
of  school  age,  but  each  school  corporation  may  estimate  not  exceed- 
ing seventy -five  dollars  for  each  school  thereof;  and  also  such  addi- 
tional sum  as  may  be  authorized  in  the  chapter  on  uniformity  of  text- 
books; also  such  sum  as  maybe  required  for  the  teachers'  fund, 
which ,  including  the  amount  received  from  the  semi-annual  apportion- 
ment, shall  not  exceed  fifteen  dollars  for  each  person  of  school  age 
therein,  but  each  corporation  may  estimate  not  exceeding  two  hun- 
dred and  seventy  dollars,  including  such  apportionment,  for  each 
regular  school  therein.  No  tax  shall  be  estimated  by  the  board 
after  the  third  Monday  in  May  in  each  year.  School  corporations 
containing  territory  in  adjoining  counties  may  vote  and  estimate  all 

9.  Public  money  shall  not  be  appropriated,  given  or  loaned  by  the  corporate 
authorities  of  any  county  or  township,  to  or  in  favor  of  any  institution,  school, 
association  or  object  which  is  under  ecclesiastical  or  sectarian  management  or 
control.  Code,  section  593. 

SECTION  2806.  1.  This  section  requires  boards  to  certify  the  specific  sums 
necessary  to  be  raised  for  teachers'  and  contingent  fund  to  the  board  of  super- 
visors, whose  duty  it  is  to  estimate  and  levy  the  percentum  necessary  to  raise  the 
amounts  so  certified. 

2.  A  tax  voted  after  the  third  Monday  in  May  is  void.     This  renders  it  essen- 
tial that  boards  certify  taxes  within  the  required  time.    73  Iowa,  304. 

3.  It  is  the  rule  that  schoolhouse  funds  must  be  voted  by  the  electors.    Excep- 
tions, sections  2796,  2767,  2813  and  3973. 

4.  It  is  wholly  within  the  discretion  of  the  board  of  directors  to  determine  the 
amounts  required  for  the  contingent  and  teachers'  funds.    41  Iowa,  153.     Any 
vote  of  the  electors  with  reference  to  these  amounts  is  only  suggestive,  and  is  not 
at  all  binding. 

5.  If  a  board  thinks*  best  to  build  a  cave  it  may  certify  contingent  fund  for 
that  purpose. 

6.  This  section  limits  the  amount  which  may  be  levied  for  any  one  year,  to 
fifteen  dollars  per  scholar  for  teachers'  fund  and  five  dollars  per  scholar  for  con- 
tingent fund,  but  authorizes  the  levy  of  seventy-five  dollars  for  contingent,  and 
two  hundred  and  seventy  dollars  for  teachers'  fund  for  each  regular  school,  even 
if  the  levy  thereby  exceeds  five  and  fifteen  dollars  per  scholar,  for  these  funds. 

7.  If  the   amount  of  schoolhouse   tax  voted  and  certified  by  the  board  of 
directors  in  any  year  exceeds  the  limit  which  the  board  of  supervisors  is  allowed 
to  levy  under  the  provisions  of  this  section,  it  is  the  duty  of  the  board  of  directors 
to  certify  the  amount  of  the  deficiency  from  year  to  year  until  the  whole  amount 
is  levied. 

8.  The  teachers'  and  contingent  funds  are  not  to  be  apportioned  among  the 
subdistricts,  but  levied  uniformly  on  the  taxable  property  of  the  school  township. 

9.  Districts  formed  from  territory  lying  in  adjoining  counties,  may  vote  and 
certify  to  the  respective  boards  of  supervisors  the  number  of  mills  on  the  dollar 
required  to  raise  the  necessary  school  taxes. 

10.  All  schoolhouse  taxes  must  be  voted  either  by  the  district  or  by  the  sub- 
district  voters.     Sections  2749,  2750  and  2753.     When  voted  they  must  in  all  cases 
be  certified  to  the  board  of  supervisors.     Decisions,  32. 


72  SCHOOL  LAWS   OF  IOWA. 

taxes  for  school  purposes  in  mills.  The  board  shall  apportion  any 
tax  voted  by  the  annual  meeting  for  schoolhouse  fund  among  the 
several  subdistricts  in  such  a  manner  as  justice  and  equity  may 
require,  taking  as  the  basis  of  such  apportionment  the  respective 
amounts  previously  levied  upon  said  subdistricts  for  the  use  of  such 
fund.  [15  G.  A.,  ch.  67,  §  1;  C.73,  §§  1738,  1777-8,  1780;  E.,  §§ 
2033-4,  2037-44,  2088.] 

SEC.  2807.  Levy  by  board  of  supervisors.  The  board  of 
supervisors  shall  at  the  time  of  levying  taxes  for  county  purposes 
levy  the  taxes  necessary  to  raise  the  various  funds  authorized  by 
law  and  certified  to  it  under  this  chapter,  but  if  the  amount  certified 
for  any  such  lund  is  in  excess  of  the  amount  authorized  by  law  it 
shall  levy  only  so  much  thereof  as  is  authorized  by  law.  If  a 
schoolhouse  tax  is  voted  at  a  special  meeting  and  certified  to  said 
board  after  the  regular  levy  is  made,  it  shall  at  its  next  regular 
meeting  levy  such  tax  and  cause  the  same  to  be  forthwith  entered 
upon  the  tax  list  to  be  collected  as  other  school  taxes.  It  hall  also 
levy  a  tax  for  the  support  of  the  schools  within  the  county  of  not 
less  than  one  nor  more  than  three  mills  on  the  dollar  on  the  assessed 
value  of  all  the  taxable  property  within  the  county.  [C.  73,  §§ 
1779-80;  R.,  §§2057,  2059.] 

.  SEC.  2808.  Apportionment.  The  county  auditor  shall,  on  the 
first  Monday  in  April  and  the  fourth  Monday  in  September  of  each 
year,  apportion  the  school  tax,  together  with  the  interest  of  the 
permanent  school  fund  to  which  the  county  is  entitled,  and  all  other 

11.  For  the  purpose  of  collection,  all  taxes  voted  by  the  school  township  meet- 
ing must  be  apportioned  among  the  subdistricts.    The  basis  of  this  apportionment 
is  the  aggregate  number  of  mills  previously  levied  upon  the  subdistricts  for 
schoolhouse  purposes,  and  the  division  should  be  made  so  as  gradually  to  equal- 
ize these  rates,  in  order  that  the  schoolhouse  tax  may,  ultimately,  be  uniform 
throughout  the  district. 

12.  The  township  voters  may  vote  a  tax  for  the  erection  of  a  schoolhouse  in 
any  subdistrict,  without  previous  action  of  the  subdistrict  voters. 

13.  If  the  subdistrict  voters  vote  to  raise  a  sum  for  schoolhouse  purposes,  it  is 
the  duty  of  the  secretary  to  certify  the  same  to  the  school  township  meeting. 

14.  All  necessary  schoolhouse  taxes  should,  as  a  rule,  be  voted  by  the  school 
township  meeting. 

15.  The  first  proviso  does  not  apply  where  a  larger  tax  is  required  to  meet 
the  interest  on  valid  outstanding  bonds.     69  Iowa,  612. 

16.  The  second  proviso  in  this  section  was  added  for  the  relief  of  sparsely  set- 
tled communities,  in  which  five  dollars  per  scholar  for  contingent  fund  and  fifteen 
dollars  per  scholar  for  teachers'  fund,  is  not  adequate  to  maintain  schools  for  the 
time  required  by  law. 

17.  If  the  board  finds  a  sufficient  amount  of  teachers'  fund  and  contingent  fund 
on  hand  and  in  sight  to  support  the  schools  for  the  current  year,  it  may  decline 
to  certify  any  amount  to  be  raised  under  this  section. 

18.  To  determine  conclusively  whether  it  is  the  duty  of  the  board  to  order 
the  secretary  to  certify  a  tax  supposed  to  have  been  voted  by  the  voters,  but  with 
regard  to  which  vote  there  is  some  doubt,  an  application  to  a  court  for  a  writ  of 
mandamus  or  injunction  as  the  case  may  be,  will  secure  a  settlement  of  all  ques- 
tions involved. 

SECTION  2808.  This  warrant  must  be  signed  by  the  president  and  counter- 
signed by  the  secretary,  to  authorize  payment  of  the  amount  named  therein  upon 
presentation  by  the  district  treasurer  Form  18. 


SCHOOL   LAWS   OF  IOWA.        .  73 

JFOjtfJ^^ 

money  in  the  hands  of  the  county  treasurer  belonging  in  common  to 
the  schools  of  the  county  and  not  included  in  any  previous  appor- 
tionment, among  the  several  corporations  therein,  in  proportion  to 
the  number  of  persons  of  school  age,  as  shown  by  the  report  of  the 
county  superintendent  filed  with  him  for  the  year  immediately  pre- 
ceding. He  shall  immediately  notify  the  president  of  the  board  of 
each  corporation  of  the  sum  to  which  it  is  entitled  by  such  appor- 
tionment, and  shall  issue  his  warrant  for  the  same  to  accompany  said 
notice,  and  shall  authorize  the  treasurer  thereof  to  draw  the  amount 
due  from  the  county  treasurer.  [C.  73,  §§  1781-2,  1841;  R.,  §§  1966, 
2060-1.] 

SEC.  2809.  Auditor  to  report.  He  shall  forward  to  the  super- 
intendent of  public  instruction  a  certificate  of  the  election  or  appoint- 
ment and  qualification  of  the  county  superintendent,  and  shall  also, 
on  the  second  Monday  in  February  and  August  of  each  year,  make 
out  and  transmit  to  the  auditor  of  state,  in  accordance  with  such 
form  as  said  auditor  may  prescribe,  a  report  of  the  interest  of  the 
school  fund  then  in  the  hands  of  the  county  treasurer  and  not 
included  in  any  previous  apportionment,  and  also  the  amount  of  said 
interest  remaining  unpaid.  [C.  73,  §  1783.] 

SEC.  2810.  Taxes  paid  over.  Before  the  third  Monday  of 
January,  April,  July  and  October  in  each  year,  the  county  treasurer 
shall  give  notice  to  the  president  of  the  board  of  each  school  corpo- 
ration in  the  county  of  the  amount  collected  for  each  fund  to  the 
first  day  of  such  month,  and  the  president  of  each  board  shall  draw 
his  diaft  therefor,  countersigned  by  the  secretary,  upon  the  county 
treasurer,  who  shall  pay  such  taxes  to  the  treasurers  of  the  several 
school  boards  only  on  such  draft.  He  shall  also  keep  the  amount  of 

SECTION  2809.  1.  This  certificate  should  be  forwarded  to  the  superintendent 
of  public  instruction  as  soon  as  the  qualification  and  bond  is  filed  in  the  office  of 
the  county  auditor,  after  such  bond  has  been  approved. 

2.  The  certificate  referred  to  should  be  promptly  forwarded  to  the  superin- 
tendent of  public  instruction,  otherwise  the  interests  of  the  county  may  suffer 
by  the  transaction  of  business  with  persons  not  duly  authorized  to  act. 

3.  The  certificate  should  in  all  cases  certify  to  the  qualification  as  well  as  the 
election  or  appointment  of  the  county  superintendent,  for  although  he  may  be 
properly  elected  or  appointed,  yet  he  cannot  be  recognized  until  it  is  known  that 
he  has  taken  the  necessary  oath  of  office,  and  that  his  bond  is  approved. 

4.  Whenever  any  change  is  made  by  resignation  or  otherwise,  a  certificate  of 
the  appointment  and  qualification  of  a  successor  should  be  immediately  forwarded. 
Forms  39  and  40. 

SECTION  2810.  1.  It  is  the  duty  of  the  county  treasurer  to  notify  the  presi- 
dent of  the  board  of  each  district,  quarterly,  of  the  amount  collected  for  each 
fund  and  pay  it  to  the  district  treasurer  on  the  warrant  of  the  president  counter- 
signed by  the  secretary.  Form  41. 

2.  Whenever  a  draft  is  drawn  on  the  county  treasury,  it  is  the  duty  of  the 
secretary  to  charge  the  district  treasurer  with  the  amount  named  in  the  draft, 
keeping  a  separate  account  with  each  fund.     Section  2761. 

3.  The  three  funds,  teachers',  schoolhouse,  and  contingent,  must  be  kept  sep- 
arate by  the  county  treasurer,  as  directed  in  this  section,  to  enable  school  officers 
to  comply  with  the  lav/  in  the  discharge  of  their  official  duties.     Sections  2761, 
2762,  2765,  2768  and  27c9.     Form  41. 

4.  The  division  of  funds  made  by  the  county  treasurer  must  be  respected  by 
the  board,  unless  the  electors  direct  schoolhouse  funds  unappropriated  transferred 
to  other  funds.     This  is  the  only  transfer  provided  for  by  law. 


74  SCHOOL  LAWS  OF  IOWA. 

tax  levied  for  schoolhouse  purposes  separate  in  each  subdistrict 
where  such  levy  has  been  made  directly  upon  the  property  of  the 
subdistriot,  and  shall  pay  over  the  same  quarterly  to  the  treasurer 
of  the  school  township  for  the  benefit  of  such  subdistrict.  [C.73,  88 
1784-5.] 

SEC.  2811.  Judgment  tax.  When  a  judgment  shall  be  obtained 
against  a  school  corporation,  its  board  shall  order  the  payment 
thereof  out  of  the  proper  fund  by  an:  order  on  the  treasurer,  not  in 
excess,  however,  of  the  funds  available  for  th&t  purpose.  If  the  proper 
fund  is  not  sufficient,  then,  unless  its  board  has  provided  by  the 
issuance  of  bonds  for  raising  the  amount  necessary  to  pay  such 
judgment,  the  voters  thereof  shall  at  their  annual  meeting  vote  a 
sufficient  tax  for  the  purpose.  In  case  of  failure  or  neglect  to  vote 
such  tax,  the  school  board  shall  certify  the  amount  required  to  the 
board  of  supervisors,  who  shall  levy  a  tax  on  the  property  of  the 
corporation  for  the  same.  [18  G.  A.,  ch.  132,  §6;  C.73,  §  1787;  R.,  § 
2095.] 

SEC.  2812.  Bonds.  The  board  of  directors  may  issue  bonds  in 
the  name  of  the  school  corporation  to  pay  any  judgment  against  it, 
or  any  matured  indebtedness  under  bonds  lawfully  issued,  and  the 
board  of  an  independent  city  or  town  district  may  issue  honds  to 

SECTION  2811.  1.  An  order  drawn  under  this  section  is  not  entiJed  to  pay- 
ment to  the  exclusion  of  other  orders.  40  Iowa,  620. 

2.  Judgment  indebtedness  may  be  converted  into  bonded  indebtedness,  but 
not  beyond  the  constitutional  limit. 

3.  The  greatest  bonded  school  indebtedness  possible  is  five  per  cent  on  the 
last  assessed  valuation,  and  taxes  are  not  counted. 

SECTION  2812.  1.  Bonds  voted  under  the  provisions  of  this  section  may  be 
issued  and  sold  as  the  necessities  of  the  independent  school  district  require,  but 
cannot  be  made  available  for  the  purchase  of  a  schoolhouse  site. 

2  If  actually  necessary,  the  board  may  issue  an  order  on  the  schooLiouse  fund 
for  the  purchase  of  a  site,  which  order  may  be  indorsed  by  the  treasurer  if  there 
is  no  money  in  that  fund,  and  draw  interest.  Section  2768. 

3.  No  independent  school  district  may  incur  a  bonded  indebtedness  to  an 
amount,  in  the  aggregate,  exceeding  five  per  cent  on  the  value  of  its  taxable 
property.     Constitution,  article  11,  section  3. 

4.  There  is  no  intimate  connection  between  the  levy  of  taxes  and  an  outstand- 
ing bonded  indebtedness.     The  levy  of  taxes  is  not  intended  by  the  law  to  be  con- 
sidered as  an  outstanding  indebtedness.    The  limit  of  bonded  indebtedness  is  fixed 
by  this  section;  the  limit  for  levy  of  taxes,  by  section  2807. 

5.  As  indicating  the  valuation  of  the  district,  the  tax  lists  may  not  be  taken 
into  account  until  after  the  levy  of  the  taxes  in  September.     70  Iowa,  230. 

6.  In  order  that  the  bonds  may  be  negotiated  to  the  best  advantage  possible, 
great  pains  should  be  taken  to  follow  the  law  carefully  in  every  respect. 

7.  The  cost  of  the  blank  bonds  and  the  expense  of  negotiating  the  bonds, 
should  be  paid  from  the  contingent  fund. 

8.  The  fact  that  the  vote  for  bonds  was  defeated  will  not  prevent  the  board 
from  calling  another  election  at  any  time  when  it  thinks  best  to  do  so. 

9.  While  a  vote  to  issue  bonds  is  regarded  by  the  courts  as  somewhat  in  the 
nature  of  permissive  authority  to  the  board,  yet  a  board  may  not  attempt  to  defeat 
the  wish  of  the  voters  clearly  expressed.      Decisions,  75. 

10.  In  the  matter  of  issuing  bonds,  every  legal  requirement  should  be  scru- 
pulously adhered  to,  in  order  that  not  even  the  slightest  irregularity  may  be  urged 
against  the  validity  of  the  bonds,  when  they  come  to  be  negotiated. 


bUHOOL,   LAWS   OF   IOWA.  75 

pay  any  matured  indebtedness  for  money  borrowed  by  it  as  author- 
ized by  law,  or  for  money  borrowed  for  the  erection  or  completion 
of  schoolhouses,  when  authorized  by  the  voters  at  the  regular  meet- 
ing or  a  special  meeting  called  for  that  purpose,  which  bonds  shall 
be  substantially  in  the  form  provided  for  county  bonds,  but  subject 
to  changes  that  will  conform  them  to  the  action  of  the  board  provid- 
ing therefor,  shall  not  run  more  than  ten  years,  be  in  denomina- 
tions of  not  more  than  one  thousand  nor  less  than  one  hundred 
dollars,  and  bear  a  rate  of  interest  not  exceeding  six  per  cent  per 
annum,  payable  semi -annually,  to  be  signed  by  the  president  and 
countersigned  by  the  secretary,  and  shall  not  be  disposed  of  for  less 
than  par  value,  nor  issued  for  other  purposes  than  in  this  section 
provided.  They  shall  be  payable,  respectively,  at  the  pleasure  of 
such  corporation  at  any  time  after  the  expiration  of  five  years,  but 
may  be  sooner  paid  if  so  nominated  in  the  bonds,  be  registered  in 
the  office  of  the  county  auditor,  numbered  consecutively,  and  redeem- 
able in  the  order  of  their  issuance.  Upon  being  issued  they  shall 
be  delivered  to  the  treasurer  thereof,  the  president  taking  receipt 
therefor,  and  thereupon  the  treasurer  shall  stand  charged  on  his 
official  bond  with  their  amount.  He  shall  sell  the  bonds  for  not  less 
than  par  value  and  apply  the  proceeds  thereof  in  payment  of  out- 
standing indebtedness,  and  for  no  other  purpose  than  in  this  section 
authorized,  or  he  may  exchange  the  new  bonds  for  outstanding 
bonds  without  discount,  the  cost  of  engraving  and  printing  the 
bonds  to  be  paid  out  of  the  contingent  fund.  The  treasurer  shall 
keep  a  record  of  the  name  and  postoffice  address  of  all  persons  to 
whom  bonds  are  sold.  The  provisions  relating  to  payment  of  county 
bonds  and  notice  to  the  owner  thereof  shall  also  apply  to  school 
bonds  issued  under  this  section.  [21  G.  A.,  ch.  95;  18  G.  A.,  ch.  51, 
§§  1,  3;  18  G.  A.,  ch.  132,  §§  1-5;  16  G.  A.,  ch.  121;  C.  73,  §§  1821-2.] 

SEC.  2813.  Tax  to  pay  bonds  or  money  borrowed.  The 
board  of  each  school  corporation  shall,  at  the  same  time  and  in  the 
same  manner  as  provided  with  reference  to  other  taxes,  fix  the 
amount  of  tax  necessary  to  be  levied  to  pay  any  amount  of  princi- 
pal or  interest  due  or  to  become  due  during  the  next  year  on  lawful 
bonded  indebtedness  or  in  an  independent  city  or  town  district  of 
any  money  borrowed  for  improvements  after  a  vote  thereof  author- 
izing the  same,  which  amount  shall  be  certified  to  the  board  of  super- 
visors as  other  taxes,  and  levied  by  them  on  the  property  therein 
as  other  school  taxes  are  levied,  but  such  tax  shall  not  exceed  five 
mills  upon  the  dollar  of  the  assessed  valuation  of  such  property  for 
money  borrowed  for  improvements.  [18  G.  A.,  ch.  51,  §  2;  18  G.  A., 
ch.  132,  §  6;  C.73,  §  1823.] 

SEC.  2814.  Schoolhouse  sites —  acquisition.  Any  school 
corporation  may  take  and  hold  so  much  real  estate  as  may  be 
required  for  schoolhouse  sites,  for  the  location  or  construction 

11.  If  a  board  takes  an  action  calculated  to  thwart  the  will  of  the  voters,  per- 
haps any  person  interested  could  secure  from  a  court  a  writ  directing-  the  board  to 
proceed  in  the  line  of  fulfilling  the  vote  by  the  voters. 

SECTION  2813.  To  pay  bonds,  a  board  may  certify  in  excess  of  ten  mills,  if 
necessary.  69  Iowa,  612. 

SECTION  2814.    1.    The  board  should  if  possible  purchase  a  site. 

2.  A  site  of  less  than  one  acre  may  be  enlarged  to  an  acre. 

3.  The  acre  authorized  to  be  set  apart  may  be  so  measured  as  not  to  include 
any  portion  of  the  highway.     70  Northwestern  Reporter,  706. 


76  SCHOOL  LAWS  OP  IOWA. 

thereon  of  schoolhouses  and  the  convenient  use  thereof,  but  not  to 
exceed  one  acre,  except  in  a  city  or  incorporated  town  it  may 
include  one  block  exclusive  of  the  street  or  highway,  as  the  case 
may  be,  for  any  one  site,  unless  by  the  owner's  consent,  which  site 
must  be  upon  some  public  road  already  established  or  procured  by 
the  board  of  directors,  and  shall,  except  in  cities,  incorporated 
towns  or  villages,  be  at  least  forty  rods  from  the  residence  of  any 
owner  who  objects  to  its  being  placed  nearer,  and  not  in  any 
orchard,  garden  or  public  park.  [C.  73,  §§  1825-6.] 

4.  The  objection  of  an  owner  living  within  forty  rods  on  the  opposite  side  of 
a  site  will  not  prevent  an  addition  to  the  site  on  the  side  away  from  the  residence, 
so  as  to  include  an  entire  acre. 

5.  From  an  order  of  the  board  making  a  location  of  a  site  to  be  secured  by 
condemnation,  an  appeal  will  lie  the  same  as  from  any  other  order  of  the  board. 

6.  Property  incumbered,  occupied  as  a  homestead,  or  belonging  to  minor 
heirs,  may  be  taken  under  the  provisions  of  this  section. 

7.  If  the  district  cannot  establish  its  claim  to  the  schoolhouse  site,  owing  to 
the  loss  of  the  deed,  or  for  other  reason,  and  the  owner  refuses  to  sell  or  lease  the 
site,  the  district  may  avail  itself  of  the  provisions  of  this  and  the  following  sec- 
tions and  secure  a  site  not  to  exceed  one  acre. 

8.  When  purchased,  the  provisions  of  this  section  do  n'ot  apply.    The  district 
stands  in  the  same  relation  to  the  public  and  to  individuals,  in  this  respect,  as  do 
other  corporations,  and  may  purchase  and  convey  real  estate  accordingly. 

9.  All  sites  taken  under  these  sections,  must  be  located  on  a  public  road,  and 
at  least  forty  rods  from  any  residence,  the  owner  whereof  objects  to  its  being 
placed  nearer,  except  in  incorporated  towns. 

10.  When  a  site  is  sought  to  be  condemned,  the  distance  of  forty  rods  men- 
tioned in  this  section,  is  measured  from  the  nearest  part  of  the  residence  to  the 
nearest  part  of  the  site,  in  a  straight  line. 

11.  Boards  may  rebuild  on  sites  without  consent  of  owners  of  residences 
within  forty  rods. 

12.  Under  the  Iowa  statute  of  limitations,  ten  years  use  of  a  highway  by  the 
public,  under  a  claim  of  right,  will  bar  the  owner  of  the  soil.     19  Iowa,  123. 

13.  If  the  public,  with  the  knowledge  of  the  owner  of  land,  has  claimed  and 
continuously  exercised  the  right  of  .using  the  same  for  a  public'  highway,  for  a 
period  equal  to  that  fixed  by  the  statute  for  the  limitation  of  real  actions,  a  com- 
plete right  to  the  highway  thereby  becomes  established  against  the  owner,  unless 
it  appears  that  such  use  was  by  favor,  leave  or  mistake.     22  Iowa,  457.     Code, 
section  3004. 

14.  In  case  the  land  desired  for  a  school  site  is  under  mortgage,  the  district 
may  receive  from  the  owner  the  lease  of  a  portion  not  to  exceed  one  acre,  to  be 
held  by  the  District  as  long  as  used  for  school  purposes,  and  when  no  longer  so 
used,  to  revert  to  the  owner. 

15.  The  unmolested  use  of  a  site  for  a  long  term  of  years  is  probably  sufficient 
evidence  of  its  dedication  to  the  district  for  school  purposes.     At  any  rate,  the 
district  being  in  possession,  it  would  seem  proper  for  the  board  to  assume  a  grant, 
and  to  continue  to  occupy  the  site  and  improve  it.     If  any  person  brings  an  action 
against  the  board,  the  president  will  then  be  required  to  appear  and  defend  in 
behalf  of  the  district,  and  counsel  may  be  employed  by  the  board. 

16.  If  a  district  is  in  continuous  possession  under  claim  of  ownership  for  more 
than  ten  years,  it  becomes  the  absolute  owner  of  the  fee  title.    93  Iowa,  45,  and 
94  Iowa,  676. 


SCHOOL   LAWS   OF   IOWA.  77 

SEC.  2815.  Condemnation.  If  the  owner  of  the  real  estate 
desired  for  a  schoolhouse  site,  or  a  public  road  thereto,  refuses  or 
neglects  to  convey  the  same,  or  is  unknown  or  cannot  be  found,  the 
county  superintendent  of  the  proper  county,  upon  the  application 
of  either  party  in  interest,  shall  appoint  three  disinterested  ref- 
erees, unless  a  less  number  shall  be  agreed  upon,  who  shall  take 
and  subscribe  an  oath  to  the  effect  that  they  will  faithfully  and  impar- 
tially discharge  the  duties  laid  upon  them,  due  notice  having  been 
given  by  the  superintendent  to  the  owner  of  the  time  and  place  of 
making  the  assessments  of  damages  as  and  for  the  length  of  time 
required  for  the  commencement  of  actions  in  the  district  court;  such 
referees  shall  inspect  the  grounds  proposed  to  be  taken,  fix  the 
damages  sustained  as  near  as  may  be  on  the  basis  of  the  value  of 
the  real  estate  so  appropriated,  and  report  in  writing  to  the  super- 
intendent their  doings  and  findings,  which  report  shall  be  filed  and 
preserved  in  his  office;  and  upon  the  amount  found  by  the  ref- 
erees being  deposited  with  the  county  treasurer,  for  the  use  of  the 
owner,  possession  may  at  once  be  taken  and  the  necessary  building 

SECTION  2815.  1.  If  personal  service  cannot  be  made,  the  notice  must  be  pub- 
lished in  a  newspaper.  Code,  sections  3514-3544.  Forms  42,  43,  44,  45  and  46. 

2.  The  oath  to  the  referees  may  not  be  administered  by  the  county  superin- 
tendent by  reason  of  his  office.     Such  oafch  may  be  administered  by  some  one 
empowered  in  a  general  way  to  administer  oaths.     One  referee  may  administer 
the  oath  to  another  referee.    Code,  section  393. 

3.  If  the  land  cannot  be  procured  by  contract,  the  road  may  be  established  in 
the  same  manner  and  by  the  proceedings  provided  for  the  establishment  of  high- 
ways, and  when  the  damage  has  been  assessed,  the  district  may  pay  the  same. 

4.  As  a  matter  of  safety,  a  lease  should  be  executed  in  duplicate,  one  to  be 
held  by  the  secretary  of  the  board,  and  the  other  by  the  lessor.     The  lease 
should  be  approved  by  the  board,  as  in  case  of  a  contract,  and  should  be  filed  with 
the  secretary. 

5.  Sufficient  time  must  be  allowed  between  the  appointment  of  this  commission 
and  the  time  set  for  appraising  the  damages  to  give  the  owner  legal  notice  thereof. 
Code,  sections  3517  and  3540. 

6.  The  referees  are  entitled  to  two  dollars  for  each  day's  service,  and  ten 
cents  per  mile  from  their  residence  to  the  location  of  the  property  appraised. 
Code,  sections  354  and  1290. 

7.  The  holder  of  a  tax  certificate  on  property  sought  to  be  condemned  is  an 
owner  in  such  sense  that  he  is  entitled  to  notice.     50  Iowa,  663. 

8.  When  the  owner  of  land  taken  is  unknown,  or  cannot  be  found,  it  is  not 
necessary  to  print  the  report  of  appraisement,  or  to  attempt  other  notice  to  said 
owner  than  the  printed  notice  required  by  this  section.     It  is  sufficient  for  the 
county  superintendent  to  send  a  certified  copy  to  the  board. 

9.  If  the  board  has  deposited  with  the  county  treasurer  the  amount  assessed 
by  the  referees  in  accordance  with  this  section,  we  think  the  courts  would  hold 
that  the  district  had  come  into  possession  of  the  site. 

10.  The  money  deposited  with  the  county  treasurer  should  be  held  for  the  ben- 
efit of  the  owner  of  the  fee,  and  not  for  the  mortgagee. 

11.  Since  the  receipt  of  the  treasurer  for  the  money  deposited  with  him  for 
the  owner  of  the  land,  may  be  the  only  evidence  of  title,  such  a  receipt  should 
have  a  full  description  of  the  property,  and  should  be  recorded  by  the  county 
recorder. 

12.  No  deed  or  other  instrument  from  the  owner  is  required  to  authorize  the 
district  to  occupy  the  land  for  school  purposes.   The  proceedings  should  be  recorded 
in  full  by  the  district  secretary. 


78  SCHOOL  LAWS  OF  IOWA. 

or  buildings  erected  and  occupied.  Prom  the  assessment  so  made 
either  party  may  appeal  to  the  district  court  by  giving  notice  thereof 
as  in  case  of  taking  private  property  for  works  of  internal  improve- 
ment within  twenty  days  after  receiving  notice  of  the  award  made. 
If  such  appeal  is  not  taken,  the  assessment  shall  be  final;  if  taken, 
the  board  may  proceed  with  the  construction  of  improvements,  if 
the  deposit  hereinbefore  provided  has  been  or  shall  be  made.  Upon 
such  appeal  the  school  corporation  shall  not  be  liable  for  costs 
unless  the  owner  shall  be  allowed  a  greater  sum  than  given  by  the 
referees;  all  costs  in  making  the  referees'  assessment  to  be  paid  by 
the  school  corporation.  [C.  73,  §  1827.] 

SEC.  2816.  Reversion.  In  the  case  of  non-user  for  school  pur- 
poses for  two  years  continuously  of  any  real  estate  acquired  for  a 
schoolhouse  site  it  shall  revert,  with  improvements  thereon,  to  the 
owner  of  the  tract  from  which  it  was  taken,  upon  repayment  of  the 
purchase  price  without  interest,  together  with  the  value  of  the 
improvements,  to  be  determined  by  arbitration,  but  during  its  use 
the  owner  of  the  right  of  reversion  shall  have  no  interest  in  or  con- 
trol over  the  premises.  [C.  73,  §  1828.] 

SEC.  2817.  Use  of  barbed  wire.  Barbed  wire  shall  not  be 
used  to  enclose  any  school  buildings  or  grounds,  nor  for  any  fence 
or  other  purpose  within  ten  feet  of  any  such  grounds.  Any  person 
violating  the  provisions  of  this  section  shall  be  punished  by  fine  not 
exceeding  twenty-five  dollars.  [20  G.  A.,  ch.  103.] 

SEC.  2818.  Appeal  to  county  superintendent.  Any  person 
aggrieved  by  any  decision  or  order  of  the  board  of  directors  of  any 
school  corporation  in  a  matter  of  law  or  fact  may  within  thirty  days 
after  the  rendition  of  such  decision  or  the  making  of  such  order, 

SECTION  2816.  1.  In  case  of  the  donation  of  a  schoolhouse  site,  the  following 
reversionary  clause  may  be  appended  to  the  deed:  Provided,  that  if,  for  the  space 
of  two  consecutive  years  said  premises  shall  cease  to  be  used  for  school  purposes,  the  same 
shall  revert  to  tJie  original  donor,  his  heirs  or  assigns,  without  legal  hindrance  or  expense. 

2.  Since  the  receipt  of  the  treasurer  for  the  money  deposited  with  him,  for 
the  owner  of  the  land,  may  be  the  only  evidence  of  title,  such  receipt  should  have 
a  full  description  of  the  property,  and  contain  this  proviso  in  addition  to  note  1 
above:  Upon  the  repayment  of  the  principal  amount  paid  by  the  district,  without 
interest,  together  with  the  value  of  any  improvements  thereon  made  by  the  district,  and 
the  receipt  should  be  recorded  by  the  county  recorder. 

SECTION  2818.  1.  There  are  many  matters  that  may  not  properly  be  brought 
before  the  county  superintendent  on  appeal.  From  time  to  time  questions  are 
likely  to  arise  upon  which  the  board  should  be  governed  by  its  best  judgment, 
or  by  competent  legal  advice. 

2.  The  filing  of  an  affidavit  of  appeal  has  the  effect  of  arresting  all  action  by 
the  board  in  relation  to  the  matter  appealed  from. 

3.  During  the  pendency  of  an  appeal  all  matters  must  remain  in  statu  quo,  and 
this  can  be  enforced  by  writ  of  injunction.     No  opinion  relating  to  matters 
involved  in  an  appeal  will  be  given. 

4.  An  affidavit  is  a  written  declaration,  sworn  to  before  some  officer  author- 
ized to  administer  oaths.     Code,  section  4673. 

5.  A  county  superintendent  can  have  no  jurisdiction  of  an  appeal  case  until 
the  affidavit  has  been  filed.     Decisions,  5. 

6.  A  notice  of  intention  to  file  an  affidavit,  a  verbal  complaint,  or  a  petition, 
is  not  sufficient  to  give  the  county  superintendent  jurisdiction  in  appeal  cases. 
Form  47. 


SCHOOL   LAWS   OF   IOWA.  79 

appeal  therefrom  to  the  county  superintendent  of  the  proper  county; 
the  basis  of  the  proceedings  shall  be  an  affidavit  filed  with  the 
county  superintendent  by  the  party  aggrieved  within  the  time  for 

7.  The  affidavit  should  contain  a  statement  of  the  decision  complained  of  and 
its  date,  a  statement  of  facts  showing  that  the  appellant  has  an  interest  in  the 
decision  and  is  injuriously  affected  by  it,  and  the  assignment  of  errors.    Form  47. 

8.  An  affidavit  of  appeal,  to  be  of  any  value,  must  be  sufficiently  clear  to 
enable  the  county  superintendent  to  call  upon  the  secretary  for  a  complete  tran- 
script of  an  action  that  must  be  described  so  as  to  be  identified. 

9.  This  affidavit  being  the  first  paper  filed,  care  should  be  taken  that  the  case 
is  properly  entitled,  and  this  title  should  be  preserved  throughout  the  further 
progress  of  the  appeal.     The  date  of  filing  should  be  indorsed  upon  the  affidavit 
by  the  superintendent. 

10.  When  a  board  receives  official  notice  that  an  affidavit  of  appeal  from  its 
order  has  been  filed,  all  action  by  the  board  in  relation  to  the  matter  appealed 
from  will  be  suspended  until  the  decision  in  appeal  has  been  given. 

11.  The  right  of  appeal  is  limited  to  persons  aggrieved  or  injuriously  affected 
by  the  decision  or  order  complained  of.     Decisions,  18  and  28. 

12.  If  a  person  aggrieved  with  a  decision  or  order  of  the  board  fails  to  pro- 
tect his  rights  by  taking  an  appeal  within  the  thirty  days  prescribed,  he  is  barred 
by  the  statute  from  the  remedy  of  appeal. 

13.  In  computing  time  the  first  day  shall  be  excluded  and  the  last  included* 
unless  the  last  falls  on  Sunday,  in  which  case  the  time  prescribed  shall  be  extended 
so  as  to  include  the  whole  of  the  following  Monday.     Code,  section  48,  subsec- 
tion 23. 

14.  When  the  act  complained  of  is  of  a  discretionary  character,  the  action  of 
the  board  should  be  sustained,  unless  it  is  clearly  shown  that  the  board  violated 
law,  abused  its  discretion,  or  acted  with  manifest  injustice.      Decisions,  40,  56, 
60  and  64. 

1 5.  In  certain  cases  an  aggrieved  party  has  a  choice  of  legal  remedies.   56  Iowa, 
476.     69  Northwestern  Reporter,  544. 

16.  As  an  appeal  often  consumes  valuable  time,  mandamus  is  sometimes  a 
more  speedy  as  well  as  a  better  remedy,  to  compel  the  performance  of  an  official 
duty.     Decisions,  11,  34,  35,  51  and  55. 

17.  Where  the  law  is  mandatory  in  requiring  the  board  to  act  upon  a  peti- 
tion, the  remedy  for  its  refusal  is  mandamus  and  not  appeal.     86  Iowa,  669. 

18.  When  a  board  violates  a  mandatory  requirement,  application  by  an  inter- 
ested party  to  a  court  for  a  writ  to  compel  the  board  to  act  as  directed  by  the 
statute  is  the  more  speedy  and  preferable  remedy.     44  Iowa,  432,  50  Iowa,  648,  and 
71  Iowa,  632.     Decisions  35,  51  and  55. 

19.  To  correct  an  illegal  action  of  the  board,  certiorari,  and  not  appeal,  is  the 
remedy.     55  Iowa,  215.     Decisions,  17  and  75. 

20     That  an  appeal  may  lie  there  must  be  an  order  or  action  by  the  board. 
To  compel  an  action  appeal  is  not  the  remedy,  but  application  to  a  court  of  law. 

21.  By  an  action  of  the  board  is  meant  a  vote  taken  by  it  and  made  of  rec- 
ord at  a  meeting  legally  constituted.     The  board  may  at  any  time  correct  mistakes 
in  its  record,  or  supply  omissions. 

22.  Appeal  cannot  be  taken  where  the  board  simply  refuses  or  neglects  to  act. 
71  Iowa,  632.     Decisions,  73. 

23.  In  case  of  wilful  neglect  or  intentional  failure  to  take  action  as  intended 
by  the  law,  the  remedy  for  any  party  aggrieved  is  application  to  a  court  for  a 
writ  to  require  the  board  to  consider  and  act  upon  the  important  matter  brought 
to  its  attention.     And  its  order  when  made  of  record  will  then  be  subject  to  be 
made  the  basis  of  an  appeal. 


80  SCHOOL   LAWS   OF  IOWA. 

taking  the  appeal,  which  affidavit  shall  set  forth  any  error  com- 
plained of  in  a  plain  and  concise  manner.  TO.  73.  §§  1829-31;  R.,  8$ 
2133-5.] 

SEC.  2819.  Hearing  and  decision.  The  county  superintendent 
shall,  within  five  days  after  the  filing  of  such  affidavit  in  his  office, 
notify  the  secretary  of  the  proper  school  corporation  in  writing  of 
the  taking  of  such  appeal;  the  latter  shall,  within  ten  days  after 
being  thus  notified,  file  in  the  office  of  the  county  superintendent  a 
complete  transcript  of  the  record  and  proceedings  relating  to  the 
decision  complained  of,  which  transcript  shall  be  certified  to  be  cor- 
rect by  the  secretary;  after  the  filing  of  the  transcript  aforesaid  the 

24.  If  desirable  to  clear  the  record,  or  to  make  a  matter  plain  beyond  question, 
sometimes  the  board  may  re-enact  all  its  former  transactions  with  regard  to  the 
matter  involved.     If  it  is  supposed  that  the  board  took  an  action  which  purposely 
was  not  made  a  matter  of  record,  it  may  be  compelled  by  mandamus  to  complete 
its  record. 

25.  No  appeal  may  be  taken  from  the  action  of  the  board  taking  the  initiatory 
step,  while  it  requires  the  concurrence  of  another  board  to  complete  the  action. 
The  concurrence  or  refusal  of  the  second  board  is  the  order  from  which  an  appeal 
may  be  taken.     Note  13  to  section  2802. 

SECTION  2819.  1.  The  notice  should  describe  the  decision  or  order  appealed 
from,  so  that  it  may  be  identified,  and  should  require  the  district  secretary  to  file 
the  transcript  with  the  superintendent  within  the  time  specified.  The  notice 
may  be  served  personally  or  sent  by  mail.  Form  48. 

2.  The  secretary  shall  make  and  forward  a  transcript  or  copy  of  the  record  of 
all  actions  of  the  board  relating  to  the  decision  or  order  appealed  from,  also  of  all 
petitions,  remonstrances,  plats,  and  other  papers  pertaining  thereto.    The  original 
papers  must  be  preserved  with  the  district  records.     Form  49. 

3.  The  basis  of  an  appeal  is  the  recorded  action  of  the  board.     If  the  secre- 
tary certifies  that  there  is  no  record  of  an  action  by  the  board  in  any  such  matter 
as  is  described  in  the  notice  for  a  transcript,  then  it  will  be  impossible  to  carry 
forward  the  appeal.    Note  23  to  section  2818. 

3.  A  failure  to  file  the  transcript  will  not  affect  the  proceedings  in  an«y  other 
way  than  to  cause  delay.  The  secretary  will  take  the  risk  of  censure  by  a  court 
for  failure  to  attend  to  his  official  duty.  Decisions.  34. 

5.  The  time  to  elapse  between  the  filing  of  the  transcript  and  the  hearing  of 
the  appeal  is  not  fixed  by  the  statute.    This  is  left  to  the  county  superintendent 
to  determine. 

6.  Notice  of  the  time  and  place  of  hearing  should  be  given  to  the  appellant, 
to  the  secretary  of  the  board,  and  to  any  other  persons  known  to  be  directly  inter- 
ested.   The  notices  may  be  served  personally  or  sent  by  mail.     Form  50. 

7.  The  appellant,  the  president,  the  secretary  of  the  board,  and  other  parties 
known  to  be  directly  interested,  shou  d  receive  a  copy  of  this  notice. 

8.  The  date  of  filing  every  paper  should  be  indorsed  thereon,  also  in  the  ease 
of  motions,  orders  and  rulings  of  the  county  superintendent.     All  oral  motions 
and  an  abstract  of  the  testimony  should  be  reduced  to  writing  at  the  time  of  trial. 

9.  The  docket  or  minutes  of  the  superintendent  should  commence  by  noting 
the  filing  of  the  affidavit.    He  will  afterward,  as  the  acts  transpire,  record  the 
sending  of  the  notice  of  appeal  to  the  district  secretary,  the  filing  of  the  transcript, 
the  sending  of  notices  of  the  hearing,  and  any  adjournment  of  the  case  that  may 
be  granted.    At  the  trial  he  will  carefully  note  down  the  names  of  all  parties 
appearing,  and  their  postoffice  address,  and  whether  they  appear  for  or  against 
the  appeal,  also,  the  filing  of  all  papers  and  names  of  witnesses,  and  in  whose 
behalf  such  papers  or  witnesses  are  introduced.    The  decision  of  the  superintend- 
ent will  form  an  appropriate  close  of  his  minutes. 


SCHOOL  LAWS  OF  IOWA.  81 

county  superintendent  shall  notify  in  writing  all  persons  adversely 
interested  of  the  time  and  place  where  the  matter  of  the  appeal  will 
be  heard  by  him.  At  the  time  fixed  for  the  hearing  he  shall  hear 
testimony  for  either  party,  and  he  shall  make  such  decision  as  may 
be  just  and  equitable,  which  shall  be  final  unless  appealed  from  as 
hereinafter  provided.  [C.73,  §§  1832-4;  R.,  §§  2136-8. 

SEC.  2820.  Appeal  to  state  superintendent — no  money 
judgment.  An  appeal  may  be  taken  from  the  decision  of  the  county 
superintendent  to  the  superintendent  of  public  instruction  in  the 
same  manner  as  provided  in  this  chapter  for  taking  appeals  from 
the  board  of  a  school  corporation  to  the  county  superintendent,  as 
nearly  as  applicable,  except  that  thirty  days'  notice  of  the  appeal 

10.  All  testimony  must  be  given  under  oath,  and  the  substance  reduced  to 
writing  at  the  time  by  the  county  superintendent.     It  is  recommended  that  a 
summary  of  what  each  witness  testifies  be  made,  read  to  the  witness,  and  signed 
by  him.     It  is  of  the  first  importance  that  the  record  of  the  testimony  be  full  and 
accurate,  as  the  decision  of  the  county  superintendent,  also  of  the  superintendent 
of  public  instruction,  in  case  the  appeal  is  carried  up,  must  be  based  upon  the 
record  of  evidence  introduced.     This  testimony  should  be  preserved  with  the 
other  papers  of  the  case. 

11.  While  the  county  superintendent  will  not  be  prevented  from  entertaining 
and  considering  testimony  not  before  the  board,  the  general  rule  and  practice 
should  be  to  attempt  to  confine  the  hearing  as  far  as  practicable  to  the  matters 
considered  by  the  board  and  to  the  facts,  statements,  and  testimony,  that  were 
within  the  possession  of  the  board  at  the  time  the  action  complained  of,  which  is 
being  reviewed  by  the  county  superintendent,  was  taken. 

12.  In  case  of  disturbance  or  interruption  during  the  trial  of  an  appeal  before 
a  county  superintendent,  as  he  is  not  invested  with  complete  judicial  power,  he 
has  only  the  ordinary  remedy  of  complaint  to  the  proper  authorities.     Code,  sec- 
tion 5033. 

13.  The  county  superintendent  may  upon  his  own  motion  call  any  witness  to 
the  stand  and  have  his  testimony  taken. 

14.  While  mere  technicalities  should  not  be  permitted  to  prevent  the  attain- 
ment of  justice,  it  is  not  inappropriate  that  as  to  evidence  and  practice  the  super- 
intendent should  be  governed  by  many  of  the  rules  which  ordinarily  obtain  in 
courts. 

15.  The  leading  question  to  be  determined  by  the  county  superintendent  is 
whether  in  making  the  order  complained  of,  the  board  committed  error  to  the 
extent  to  require  a  reversal  of  its  decision  or  order. 

16.  Acts  of  a  board  purely   discretionary  in  their  nature  should  be  given 
great  weight     To  warrant  a  reversal,  positive  error  must  be  found,  and  such 
error  must  appear  clearly  in  the  testimony. 

17.  When  an  appellate  tribunal  is  unable  to  decide  an  appeal  because  the  tes- 
timony is  insufficient  or  the  transcript  of  the  action  of  the  board  is  incomplete, 
and  the  facts  are  not  sufficiently  shown  to  determine  what  should  be  done,  the 
case  may  be  remanded  for  a  new  trial,  or  for  further  action  by  the  board 

18  To  those  interested  in  the  issue  of  an  appeal  the  county  superintendent 
may  send  a  simple  statement  of  the  result,  that  is,  whether  the  order  of  the  board 
was  affirmed  or  reversed. 

SECTION  2820.  1.  Appeals  to  the  superintendent  of  public  instruction  a  re  con- 
ducted in  the  same  manner  and  governed  by  the  same  rules,  so  far  as  applicable, 
as  appeals  to  county  superintendents.  The  basis  of  the  appeal  must  be  an  affida- 
vit filed  in  the  office  of  the  superintendent  of  public  instruction,  within  thirty 
days  from  the  date  of  the  decision  appealed  from. 
6 


82  SCHOOL  LAWS  OF  IOWA. 

shall  be  given  by  the  appellant  to  the  county  superintendent,  and 
also  to  the  adverse  party.  The  decision  when  made  shall  be  final. 
Nothing  hi  this  chapter  shall  be  so  construed  as  to  authorize  either 
the  county  or  state  superintendent  to  render  judgment  for  money; 

2.  Upon  the  filing  of  an  affidavit  the  superintendent  of  public  instruction  will 
notify  the  county  superintendent  to  forward  a  transcript  of  the  papers  in  the  case 
within  thirty  days.     The  original  papers  must  be  preserved  on  file  in  the  county 
superintendent's  office. 

3.  When  an  appeal  is  taken  to  the  superintendent  of  public  instruction,  the 
county  superintendent  must  have  a  copy  of  the  testimony  and  of  his  docket  pre- 
pared.    It  is  very  desirable  that  this  transcript  should  be  in  typewritten  work. 

4.  The  transcript  of  the  county  super intendendent  will  consist  of  a  literal  copy 
of  every  paper  filed  and  all  indorsements  thereon,  together  with  a  copy  of  all 
testimony  given,  the  whole  arranged  in  chronological  order,  closing  with  the 
decision  of  the  county  superintendent  in  full,  with  the  certificate  annexed. 
Form  51.  » 

5.  The  transcript  in  an  appeal  is  supposed  to  be  an  exact  copy  of  the  papers 
and  testimony  in  the  case,  preserved  on  file  in  the  office  of  the  county  superin- 
tendent.   Any  one  interested  may  claim  the  privilege  of  examining  the  original 
records  in  the  case,  at  any  proper  time. 

6.  It  is  obvious  that  the  county  superintendent  himself  should  not  be  expected 
to  pay  for  having  a  typewritten  transcript  of  the  record  made  in  an  appeal  to  the 
superintendent  of  public  instruction.     Expenses  of  this  character,  closely  con- 
nected by  law  with  the  work  of  the  county  superintendent's  office,  should  be  paid 
for  by  the  board  of  supervisors  in  the  same  manner  that  assistance  is  furnished  to 
other  county  officers  when  needed. 

7.  Upon  the  filing  of  the  transcript,  thirty  days'  notice  of  the  time  set  for 
hearing  will  be  given  to  all  parties  interested.     This  time  of  thirty  days  may  be 
diminished  on  the  written  agreement  of  both  parties. 

8.  At  the  hearing,  parties  interested  may  appear  personally  or  by  attorney, 
and  argue  their  cases  orally  if  they  desire,  or  they  may  send  arguments  in  writing, 
or  if  possible,  in  typewriting. 

9.  The  record  of  the  case  in  the  office  of  the  county  superintendent,  which  is 
a  public  record  and  open  to  examination  by  parties  interested,  will  furnish  all 
needed  data,  where  access  to  the  transcript  sent  up  is  inconvenient. 

10.  The  superintendent  of  public  instruction  will  not  hear  original  testimony 
in  cases  submitted  to  him.    Decisions,  50. 

11.  Any  person  aggrieved  by  an  action  of  the  county  superintendent  in  refus- 
ing to  grant  a  certificate  or  in  revoking  the  same,  may  apply  to  him  for  a  rehear- 
ing, the  proceedings  to  correspond  as  nearly  as  possible  to  the  proceedings  in  the 
case  of  an  appeal  from  a  board  of  directors.    If  any  one  is  aggrieved  by  the  result 
of  this  investigation,  an  appeal  may  be  taken  therefrom  to  the  superintendent 
of  public  instruction. 

12.  A  person  in  whose  favor  an  appeal  is  decided,  has  the  remedy  of  a  writ  of 
mandamus  from  a  court  of  law  to  enforce  the  decision  of  appeal.     69  Iowa,  533, 
and  72  Iowa,  379. 

13.  A  decision  in  appeal  by  a  county  superintendent  or  the  superintendent  of 
public  instruction  is  final  in  the  sense  that  no  court  will  attempt  to  review  or  set 
aside  such  a  decision  if  the  matters  included  are  clearly  within  the  jurisdiction 
of  such  school  officers.    69  Iowa,  533. 

14.  An  appeal  decision  does  not  always  prevent  the  board  from  acting  anew 
upon  the  matters  involved  in  the  appeal.    If  the  order  of  a  board  is  affirmed  the 
board  will  be  left  free  to  take  any  action  thought  best  by  it;  that  is,  it  will  have 
the  same  freedom  to  act  that  it  would  have  if  no  appeal  had  been  taken. 


SCHOOL   Lx\WS   OF   IOWA.  83 

neither  shall  they  be  allowed  any  other  compensation  than  is  now 
allowed  by  law.  All  necessary  postage  must  first  be  paid  by  the 
party  aggrieved.  [C.  73,  §§  1835-6;  R.,  §§  2139-40.] 

SEC.  2821.  Witnesses — fees.  The  county  superintendent  in  all 
matters  triable  before  him  shall  have  power  to  issue  subpoenas  for 
witnesses,  which  may  be  served  by  any  peace  officer,  compel  the 
attendance  of  those  thus  served,  and  the  giving  of  evidence  by  them, 
in  the  same  manner  and  to  the  same  extent  as  the  district  court  may 
do,  and  such  witnesses  and  officers  may  be  allowed  the  same  com- 
pensation as  is  paid  for  like  attendance  or  service  in  such  court, 
which  shall  be  paid  out  of  the  contingent  fund  of  the  proper  school 
corporation,  upon  the  certificate  of  the  superintendent  to  and  war- 
rant of  the  secretary  upon  the  treasurer;  but  if  the  superintendent 
is  of  the  opinion  that  the  proceedings  were  instituted  without  reason- 
able cause  therefor,  or  if,  in  case  of  an  appeal,  it  shall  not  be  sus- 
tained, he  shall  enter  such  findings  in  the  record,  and  tax  all  costs 
to  the  party  responsible  therefor.  A  transcript  thereof  shall  be 
filed  in  the  office  of  the  clerk  of  the  district  court  and  a  judgment 
entered  thereon  by  him,  which  shall  be  collected  as  other  judgments. 

SEC.  2822.  Penalties.  Any  school  officer  wilfully  violating 
any  provision  of  this  chapter,  or  wilfully  failing  or  refusing  to  per- 
form any  duty  imposed  by  law,  shall  forfeit  and  pay  into  the  treas- 
ury of  the  particular  school  corporation  in  which  the  violation  occurs 
the  sum  of  twenty-five  dollars,  action  to  recover  which  shall  be 
brought  in  the  name  of  the  proper  school  corporation,  and  be  applied 
to  the  use  of  the  schools  therein.  [C.73,  §§  1746,  1786;  R.,  §§  2047, 
2081;  C.'51,  §  1137.] 

SEC.  2823.  Provisions  apply  to  all  corporations — issuance 
of  bonds.  The  provisions  of  this  chapter  shall  apply  alike  to  all 
districts,  except  when  otherwise  clearly  stated,  and  the  powers 
given  to  one  form  of  corporation,  or  to  a  board  in  one  kind  of  cor- 
poration, shall  be  exercised  by  the  other  in  the  same  manner,  as 

15.  Until  the  board  has  taken  a  different  action  no  doubt  mandamus  will  be  a 
remedy  to  compel  the  board  to  carry  into  effect  the  appeal  decision  and  the  former 
action  of  the  board. 

16.  If  it  is  shown  conclusively  that  a  transcript  is  materially  defective,  that 
valuable  testimony  heard  upon  the  trial  before  the  county  superintendent  is  not 
included  in  the  transcript,  or  that  testimony  which  should  not  have  been  omitted 
was  excluded,  an  appeal  case  may  be  remanded  to  the  county  superintendent 
for  another  trial. 

17.  When  the  decision  of  the  county  superintendent  on  appeal,  reversing  the 
order  of  the  board,  is  reversed  by  the  superintendent  of  public  instruction  on  the 
appeal  to  him,  the  effect  of  the  last  decision,  which  is  final,  is  to  affirm  the  orig- 
inal order  made  by  the  board,  and  the  result  of  this  is  to  leave  the  matter  as 
entirely  in  the  hands  of  the  board  as  though  no  appeal  had  ever  been  taken  from 
its  action.     Decisions,  56. 

18.  But  if  the  county  superintendent  reverses  an  order  of  the  board  and  the 
superintendent  of  public  instruction  affirms  the  decision  of  the  county  superin- 
tendent, such  decision  will  prevent  the  board  from  taking  any  action  in  the  matter 
until  some  material  change  occurs,  rendering  such  a  new  action  necessary. 
Decisions,  37  and  72. 

19.  Payment  for  postage  in  advance  will  be  required  with  the  affidavit.     It 
is  impossible  to  tell  what  amount  of  postage  will  be  needed  in  each  case,  and 
one  dollar  will  be  required  to  cover  all  needed  postage.     If  the  dollar  does  not 
accompany  the  affidavit,  the  filing  will  be  delayed  until  the  amount  is  received. 


84  SCHOOL  LAWS  OF  IOWA. 

nearly  as  practicable.  But  school  boards  shall  not  incur  original 
indebtedness  by  the  issuance  of  bonds  until  authorized  by  the  voters 
of  the  school  corporation. 

OF  THE  UNIFORMITY,  PURCHASE  AND  LOANING  OF  TEXT-BOOKS. 

SECTION  2824.  Adoption — contract — agent.  The  board  of 
directors  of  each  and  every  school  corporation  in  the  state  of  Iowa 
is  hereby  authorized  and  empowered  to  adopt  text-books  for  the 
teaching  of  all  branches  that  are  now  or  may  hereafter  be  author- 
ized to  be  taught  in  the  public  schools  of  the  state,  and  to  contract 
for  and  buy  said  books  and  any  and  all  other  necessary  school  sup- 
plies at  said  contract  prices,  and  to  sell  the  same  to  the  pupils  of 
their  respective  districts  at  cost,  and  said  money  so  received  shall 
be  returned  to  the  contingent  fund.  The  books  and  supplies  so 
purchased  shall  be  under  the  charge  of  the  board,  who  may  select 
one  or  more  persons  within  the  county  to  keep  said  books  and  sup- 
plies for  sale,  and,  to  insure  the  safety  of  the  books  and  moneys, 

SECTION  2824.  1.  There*  is  nothing  in  this  and  the  following  sections  from 
which  it  can  be  inferred  that  a  contract  must  be  entered  into  for  five  years.  The 
law  does  not  attempt  to  fix  an  exact  limitation  as  to  the  time  that  should  be  con- 
tracted for.  It  seems  to  be  the  intent  of  the  law  that  the  board  of  directors  or  the 
county  board  of  education  should  carefully  avoid  making  a  contract  which  might 
have  the  effect  of  binding  its  successors  in  office. 

2.  It  is  within  the  power  of  any  board  to  forbid  the  use  of  other  books  than 
those  adopted  for  the  district,  and  to  provide  by  rule  or  regulation  that  scholars 
persistently  and  continuously  refusing  to  conform  to  such  regulation  shall  be 
refused  instruction  until  they  comply  with  the  rule.  Teachers  failing  to  regard 
a  rule  or  direction  of  the  board  that  instruction  be  given  from  no  other  books  than 
those  legally  in  use,  take  the  risk  of  being  cited  for  trial  under  section  2782. 

3  The  word  cost,  in  this  section,  should  be  understood  to  mean  contract  price. 
Any  extra  expense  connected  with  securing  the  books  should  not  be  added  to  their 
purchase  price,  but  should  be  paid  from  the  contingent  fund,  upon  separate  orders. 
In  this  way  the  cost  to  the  purchaser  will  agree  with  the  contract  price,  and 
uniformity  in  cost  for  the  same  book  will  obtain  all  over  a  large  district  having 
several  selling  places,  and  will  also  be  common  in  many  districts  and  counties, 
while  the  extra  expense  for  handling,  drayage,  storage,  etc.,  may  differ  somewhat 
in  connection  with  each  different  person  selected  to  keep  the  books  for  sale. 

4.  We  think  the  words  any  and  all  other  necessary  school  supplies  are  intended  to 
include  only  such  articles  as  it  is  customary  for  parents  to  purchase  for  the  use  of 
their  children  in  school  work.     For  instance,  globes  and  charts  have  not  been 
furnished  by  the  children.     They  cannot  be  bought  with  the  money  of  the  district, 
resold,  and  the  money  returned  to  the  contingent  fund  as  directed  by  the  law. 

5.  Text-books  of  every  variety,  in  all  classes  and  grades,  and  all  kinds  of  sup- 
plies usually  purchased  by  the  children  for  use  in  the  schools  for  the  purposes  of 
instruction,  may  be  purchased  under  this  act. 

6.  It  is  evidently  not  the  intention  to  impose  a  hardship  upon  the  person  who 
keeps  the  books  and  supplies  for  sale,  but  simply  to  guard  the  district  against 
possible  loss.    The  board  is  not  to  be  considered  as  released  in  the  slightest  degree 
from  its  obligation,  under  the  general  law,  to  protect  the  funds.      The  bond  is 
required  for  additional  protection.     Form  52.     Nor  will  the  fact  that  the  board 
requires  a  bond  from  another  person  in  any  way  release  the  treasurer  from  his 
absolute  responsibility  for  all  funds  of  the  district  coming  into  his  hands,  from 
whatever  source. 


SCHOOL  LAWS  OF  IOWA.  85 

the  board  shall  require  of  each  person  so  appointed  a  bond  in  such 
sum  as  may  seem  to  the  board  to  be  desirable.  [25  G.  A. ,  ch.  35 ;  23 
G.  A.,  ch.  24,  §§  1,  2.] 

SEC.  2825.  Use  of  contingent  fund — additional  tax.  All  the 
books  and  other  supplies  purchased  under  the  provisions  of  this 
chapter  shall  be  paid  for  out  of  the  contingent  fund,  and  the  board 
of  directors  shall  annually  certify  to  the  board  of  supervisors  the 
additional  amount  necessary  to  levy  for  the  contingent  fund  of  said 
district  to  pay  for  such  books  and  supplies.  But  such  additional 
amount  shall  not  exceed  in  any  one  year  the  sum  of  one  dollar  and 
fifty  cents  for  each  pupil  residing  in  the  school  corporation,  and  the 
amount  so  levied  shall  be  paid  out  on  warrants  drawn  for  the  pay- 
ment of  books  and  supplies  only,  but  the  district  shall  contract  no 
debt  for  that  purpose.  [Same,  §  2.J 

SEC.  2826.  Purchase  —  exchange.  In  the  purchasing  of 
text-books  it  shall  be  the  duty  of  the  board  of  directors  or  the 
county  board  of  education  to  take  into  consideration  the  books  then 
in  use  in  the  respective  districts,  and  they  may  buy  such  additional 
number  of  said  books  as  may  from  time  to  time  become  necessary 
to  supply  their  schools,  and  they  may  arrange  on  equitable  terms 
for  exchange  of  books  in  use  for  new  books  adopted.  [Same,  §  3.] 

SEC.  2827.  Suit  on  bond.  If  at  any  time  the  publishers  of 
such  books  as  shall  have  been  adopted  by  any  board  of  directors  or 
county  board  of  education  shall  neglect  or  refuse  to  furnish  such 
books  when  ordered  by  said  board  in  accordance  with  the  provisions 
of  this  chapter,  at  the  very  lowest  price,  either  contract  or  whole- 
sale, that  such  books  are  furnished  any  other  district  or  state  board, 
then  said  board  of  directors  or  county  board  of  education  may  and 
it  is  hereby  made  their  duty  to  bring  suit  upon  the  bond  given  them 
by  the  contracting  publisher.  [Same,  §  4.] 

SECTION  2825.  1.  Any  contingent  fund  on  hand  may  be  used  to  purchase  books 
and  supplies.  As  the  proceeds  from  sales  must  be  returned  at  once  to  the  contin- 
gent fund,  no  large  additional  amount  will  ordinarily  be  needed  to  enable  the 
average  district  to  secure  books  and  supplies  under  this  law. 

2.  When  the  board  is  estimating  the  levy  for  the  contingent  fund,  it  may 
include  in  the  estimate  an  amount  needed  to  pay  any  necessary  expense  connected 
with  securing  the  books. 

3.  All  payments  under  this  chapter  must  be  made  in  strict  accordance  with  the 
other  provisions  of  law  governing  the  disbursement  of  school  moneys.     No  order 
for  any  purpose  may  be  drawn  until  the  account  has  been  regularly  audited. 

4.  It  is  desirable  that  the  cost  to  the  scholar  shall  be  the  lowest  possible.    Any 
extra  expense  connected  with  securing  the  books  should  not  be  added  to  their 
purchase  price,  but  should  be  paid  out  of  the  contingent  fund,  upon  separate 
orders.     In  this  way  the  cost  to  the  purchaser  will  agree  with  the  contract  price, 
and  uniformity  in  cost  for  the  same  book  will  be  common  in  many  districts  and 
counties.     Note  3  to  section  2824. 

SECTION  2826.  1.  The  provision  allowing  books  in  use  to  be  exchanged  on 
equitable  terms  for  the  new  books  adopted,  will  assist  very  materially  in  securing 
uniform  books,  as  well  as  in  reducing  the  expense  to  the  people. 

2.  The  good  of  the  schools  will  be  best  advanced  if  it  is  ordered  that  the  same 
book  or  books  in  any  branch  must  be  used  in  all  the  schools  of  the  same  grade  in 
the  district.  This  will  simplify  the  purchase,  and  also  facilitate  the  introduction 
of  uniform  books. 


8b  SCHOOL  LAWS  OF  IOWA. 

SEC.  2828.  Bids.  Before  purchasing  text-books  under  the  pro- 
visions of  this  chapter  it  shall  be  the  duty  of  the  board  of  directors, 
or  county  board  of  education,  to  advertise,  by  publishing  a  notice 
for  three  consecutive  weeks  in  one  or  more  newspapers  published 
in  the.  county;  said  notice  shall  state  the  time  up  to  which  all  bids 
will  be  received,  the  classes  and  grades  for  which  text-books  and 
other  necessary  supplies  are  to  be  bought,  and  the  approximate 
quantity  needed;  and  said  board  shall  award  the  contract  for  said 
text-books  and  supplies  to  any  responsible  bidder  or  bidders  offer- 
ing suitable  text-books  and  supplies  at  the  lowest  prices,  taking 
into  consideration  the  quality  of  material  used,  illustrations,  bind- 
ing, and  all  other  things  that  go  to  make  up  a  desirable  text-book; 
and  may,  to  the  end  that  they  may  be  fully  advised,  consult  the 
county  superintendent,  or,  in  case  of  city  independent  districts, 
with  city  superintendent  or  other  competent  person,  with  reference 
to  the  selection  of  text-books:  provided  that  the  board  may  reject 
any  and  all  bids,  or  any  part  thereof,  and  re- advertise  therefor  as 
above  provided.  [Same,  §  5.] 

SEC.  2829.  Change — question  submitted.  It  shall  be  unlaw- 
ful for  any  board  of  directors  or  county  board  of  education,  except 
as  provided  in  section  twenty -eight  hundred  and  twenty-seven  of  this 
chapter,  to  displace  or  change  any  text- book  that  has  been  regularly 
adopted  or  re-adopted  under  the  provisions  of  this  chapter,  before 
the  expiration  of  five  years  from  the  date  of  such  adoption  or 
re-adoption,  unless  authorized  to  do  so  by  a  majority  of  the  electors 
present  and  voting  at  their  regular  annual  meeting  in  March,  due 
notice  of  said  proposition  to  change  or  displace  said  text-books 
having  been  included  in  the  notice  for  the  said  regular  meeting. 
[Same,  §  6.] 

SEC.  2830.  Samples — lists — bonds.  Any  person  or  firm  desir- 
ing to  furnish  books  or  supplies  under  this  chapter  in  any  county 
shall,  at  or  before  the  time  of  filing  his  bid  hereunder,  deposit  in  the 
office  of  the  county  superintendent  samples  of  all  text- books  included 
in  his  bid,  accompanied  with  lists  giving  the  lowest  wholesale  and 
contract  prices  for  the  same.  And  said  samples  and  lists  shall 
remain  in  the  county  superintendent's  office,  and  shall  be  delivered 
by  him  to  his  successor  in  office,  and  shall  be  kept  by  him  in  such 
safe  and  convenient  manner  as  to  be  open  at  all  times  to  the  inspec- 
tion of  such  school  officers,  school  patrons  and  school  teachers  as 
may  desire  to  examine  the  same  and  compare  them  with  others,  for 
the  purpose  of  use  in  the  public  schools.  The  board  of  directors 
and  county  board  of  education  mentioned  shall  require  of  any  per- 
son or  persons  with  whom  they  contract  for  furnishing  any  books 
or  supplies  to  enter  into  a  good  and  sufficient  bond,  in  such  sum  and 

SECTION  2828.  1.  A  board  may  not  secure  the  advantages  of  purchasing  text- 
books without  first  advertising  for  bids  and  letting  the  contract  in  the  manner 
required.  And  this  is  equally  true  even  if  it  is  expected  that  a  new  contract  will 
be  made  for  the  books  in  present  use.  Form  53. 

2.  As  the  period  of  adoption  is  likely  to  be  renewed,  it  is  essential  that  the 
best  books  obtainable  be  chosen.     The  knowledge  and  experience  of  county 
and  city  superintendents  render  them  peculiarly  qualified  to  advise  the  board. 

3.  Many  years  ago  a  provision  of  the  law  allowed  the  superintendent  of  public 
instruction  to  recommend  text-books  for  use  in  the  public  schools.     The  omission 
of  the  provision  referred  to  from  our  statutes  indicates  that  the  practice  of  com- 
mendation by  such  official  is  not  expected  by  the  law. 


SCHOOL   LiAWS   OP   IOWA.  87 

with  such  conditions  and  sureties  as  may  be  required  by  such  board 
of  directors  or  county  board  of  education,  for  the  faithful  perform- 
ance of  any  such  contract.  But  bonds  of  surety  companies  duly 
authorized  under  the  laws  of  Iowa  shall  be  accepted.  [Same,  §  7.] 

SEC.  2831.  County  board  of  education — question  as  to 
county  uniformity.  The  county  superintendent,  the  county  auditor 
and  the  members  of  the  board  of  supervisors  shall  constitute  a  county 
board  of  education.  When  petitions  shall  have  been  signed  by  one- 
half  the  school  directors  in  any  county,  other  than  those  in  cities 
and  towns,  and  filed  in  the  office  of  the  county  superintendent  of 
such  county  at  least  thirty  days  before  the  annual  school  elections, 
asking  for  a  uniform  series  of  text-books  in  the  county,  then  such 
county  superintendent  shall  immediately  notify  the  other  members 
of  the  county  board  of  education  in  writing,  and  within  fifteen  days 
after  the  filing  of  the  petitions  said  board  of  education  shall  meet  and 
provide  for  submitting  to  the  electors  at  the  next  annual  meeting  the 
question  of  county  uniformity  of  school  text- books.  [Same,  §§  8,  9.] 

SEC.  2832.  Selection  of  books — depositories.  Should  a  major- 
ity of  the  electors  voting  at  such  elections  favor  a  uniform  series  of 
text-books  for  use  in  said  county,  then  the  county  board  of  education 
shall  meet  and  select  the  school  text-books  for  the  entire  county,  and 
contract  for  the  same  under  such  rules  and  regulations  as  the  said 
board  of  education  may  adopt.  When  a  list  of  text- books  has  been 
so  selected,  they  shall  be  used  by  all  the  public  schools  of  said 
county,  except  as  hereinafter  provided,  and  the  board  of  education 

SECTION  2831.  It  is  intended  that  at  least  one-half  of  the  individuals  compos- 
ing all  boards,  except  those  of  city  and  town  districts,  shall  sign  the  petition 
referred  to.  Form  55. 

SECTION  2832.     1.     The  county  board  of  education  is  a  continuous  body. 

2.  County  boards  of  education  will  from  time  to  time  make  such  rules  and 
regulations  as  seem  necessary  to  carry  out  the  purpose  and  spirit  of  the  law. 

3.  Purchases  of  records,  dictionaries,  apparatus  and  similar  supplies  for  the 
use  of  the  district  may  not  be  made  by  contract  under  this  law,  but  such  articles 
will  be  bought  with  contingent  fund,  as  provided  by  section  2783.     Note  4  to  sec- 
tion 2824. 

4.  The  county  board  of  education  must  cause  the  books  to  be  sold  to  the  peo- 
ple direct,  under  such  regulations  as  the  board  may  adopt. 

5.  Security  by  bond  made  payable  to  the  county,  may  be  required  from  depos- 
itaries.    But  the  fact  that  the  money  from  sales  must  be  returned  to  the  county 
funds  monthly,  will  lessen  the  need  for  as  much  security  as  would  be  necessary  if 
a  large  sum  of  money  could  be  held  by  a  depositary  for  a  long  time. 

6.  The  county  board  of  education  should  arrange  for  a  sufficient  number  of 
depositories  to  accommodate  fully  the  people  of  every  district  in  the  county. 

7.  It  would  promote  an  equality  of  price  for  the  same  book  in  the  several 
counties,  if  any  slight  extra  expense  connected  with  securing  or  handling  the 
books  were  not  added  to  the  contract  price,  but  paid  for  from  the  county  funds, 
by  the  board  of  supervisors.     In  this  way,  the  books  and  supplies  may  be  sold  to 
the  people  at  cost,  the  same  as  provided  under  section  2824,  when  purchase  is 
made  by  a  district.     Note  4  to  section  2825. 

8.  It  is  apparent  that  there  will  be  many  questions  arising  upon  which  we 
cannot  venture  an  opinion.     Any  matter  in  which  the  binding  force  or  validity  of 
a  contract  is  involved,  can  be  determined  only  by  the  courts  of  law. 

9.  The  county  attorney  is  the  legal  adviser  of  the  county  board  of  education, 
and  he  should  be  freely  consulted  on  questions  upon  which  the  board  may  be  in 
doubt.     Code,  section  302. 


88  SCHOOL  LAWS   OF  IOWA. 

may  arrange  for  such  depositories  as  it  may  deem  best,  and  may  pay 
for  said  school  books  out  of  the  county  funds,  and  sell  them  to  the 
school  districts  at  the  same  price  as  provided  for  in  section  twenty- 
eight  hundred  and  twenty-four  of  this  chapter,  and  the  money  received 
from  said  sales  shall  be  returned  to  the  county  funds  by  said  board 
of  education  monthly.  The  boards  of  school  officers,  who  are  hereby 
made  the  judges  of  the  school  meetings,  shall  certify  to  the  board  of 
supervisors  the  full  returns  of  the  votes  cast  at  said  meetings  the 
next  day  after  the  holding  of  said  meetings,  who  shall,  at  their  next 
regular  meeting,  proceed  to  canvass  said  votes  and  declare  the 
result.  [Same,  §  9.] 

SEC.  2833.  Proceedings  of  county  board.  The  county  super- 
intendent shall  in  all  cases  be  chairman  of  the  county  board  of  educa- 
tion, and  the  county  auditor  shall  be  the  secretary,  and  a  full  and 
complete  record  shall  be  kept  of  their  proceedings  in  a  book  kept 
for  that  purpose  in  the  office  of  the  county  superintendent.  A  list 
of  text-books  so  selected,  with  their  contract  prices,  shall  be  reported 
to  the  state  superintendent  with  the  regular  annual  report  of  the 
county  superintendent.  [Same,  §  10.] 

SEC.  2334.  Officers  not  to  be  agents.  It  shall  be  unlawful  for 
any  school  director,  teacher  or  member  of  the  county  board  of  educa- 
tion to  act  as  agent  for  any  school  text-books  or  school  supplies  dur- 
ing such  term  of  office  or  employment,  and  any  school  director,. officer, 
teacher  or  member  of  the  county  board  of  education  who  shall  act  as 
agent  or  dealer  in  school  text-books  or  school  supplies,  during  the 
term  of  such  office  or  employment,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall,  upon  conviction  thereof,  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars,  and  pay  the  costs  of 
prosecution.  [Same,  §  11.] 

SEC.  2835.  City  schools.  The  provisions  of  sections  twenty- 
eight  hundred  and  thirty-one,  twenty-eight  hundred  and  thirty-two 
and  twenty-eight  hundred  and  thirty-three  of  this  chapter  shall  not 
apply  to  schools  located  within  cities  or  towns,  nor  shall  the  electors 
of  said  cities  or  towns  vote  upon  the  question  of  county  uniformity; 
but  nothing  herein  shall  be  so  construed  as  to  prevent  such  schools 
in  said  cities  and  towns  from  adopting  and  buying  the  books  adopted 
by  the  county  board  of  education  at  the  prices  fixed  by  them,  if  by 
a  vote  of  the  electors  they  shall  so  decide.  [Same,  §  12.] 

SEC.  2836.  Free  text-books — question  submitted.  When- 
ever a  petition  signed  by  one-third  or  more  of  the  legal  voters,  to 
be  determined  by  the  school  board  of  any  school  corporation,  shall 

SECTION  2834.  1.  The  intention  of  this  section  is  to  prohibit  any  of  the  per- 
sons named  from  engaging  in  any  business  in  connection  with  school  text-books 
or  supplies,  by  which  his  pecuniary  interests  might  be  brought  in  conflict  with 
his  official  duties. 

2.  The  fact  that  a  person  is  subject  to  the  penalties  named,  for  violating  the 
provisions  of  this  section,  will  not  operate  to  deprive  him  of  his  office  or  position. 

SECTION  2835.  All  except  sections  2831,  2832  and  2833,  apply  to  city  and 
town  independent  school  districts,  and  such  districts  may  purchase  books  and 
supplies  in  the  same  manner  as  other  districts,  under  sections  2824  to  2830. 

SECTION  2836.  These  provisions  afford  all  districts  the  opportunity  to  supply 
free  books,  so  that  every  child  may  continuously  enjoy  the  privileges  of  school. 
It  is  believed  that  if  districts  will  take  action  in  accordance  with  the  spirit  of  the 
law,  the  percentage  of  attendance  at  school  can  be  materially  increased,  and  the 
usefulness  of  our  schools  to  all  the  children,  greatly  enhanced. 


SCHOOL   LAWS   OF   IOWA.  89 

be  filed  with  the  secretary  thirty  days  or  more  before  the  annual 
meeting  of  the  electors,  asking  that  the  question  of  providing  free 
text-books  for  the  use  of  pupils  in  the  public  schools  thereof  be  sub- 
mitted to  the  voters  at  the  next  annual  meeting,  he  shall  cause  notice 
of  such  proposition  to  be  given  in  the  call  for  such  meeting.  [26  G. 
A.,  ch.  37,  §  1.] 

SEC.  2837.  Loaning — discontinuance.  If,  at  such  meeting,  a 
majority  of  the  legal  voters  present  and  voting  by  ballot  thereon 
shall  authorize  the  board  of  directors  of  said  school  corporation  to 
loan  text-books  to  the  pupils  free  of  charge,  then  the  board  shall 
procure  such  books  as  shall  be  needed,  in  the  manner  provided  by 
law  for  the  purchase  of  text-books,  and  loan  them  to  the  pupils. 
The  board  shall  hold  pupils  responsible  for  any  damage  to,  loss  of, 
or  failure  to  return  any  such  books,  ar.d  shall  adopt  such  rules  and 
regulations  as  may  be  reasonable  and  necessary  for  the  keeping  and 
preservation  thereof.  Any  pupil  shall  be  allowed  to  purchase  any 
text-book  used  in  the  school  at  cost.  No  pupil  already  supplied  with 
text-books  shall  be  supplied  with  others  without  charge  until  needed. 
The  electors  may,  at  any  election  called  as  provided  in  the  last  sec- 
tion, direct  the  board  to  discontinue  the  loaning  of  text-books  to 
pupils.  [Same,  §§  2-6.] 

SECTION  2837.  As  much  of  the  success  of  free  text-books  will  depend  upon 
the  rules  and  regulations  adopted  by  the  board  to  govern  the  care  and  use  of 
the  books,  a  board  should  take  more  than  the  usual  pains  to  adopt  plain,  compre- 
hensive, and  effective  rules  for  the  guidance  of  all  concerned. 


90 


BLANK  FORMS. 


BLANK  FORMS. 


NUMBER  1.— SECTION  2737. 
( Teacher's  certificate. ) 

TEACHER'S CLASS  CERTIFICATE. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  \ 
• ,  Iowa, ,  189. .  ) 

This  certifies  that has  passed  a  satisfactory 

examination  in  the  branches  named  herein,  with 

RESULT  OF        PER  CENT.        tlie  results  appended,  is  of  good  moral  character, 
EXAMINATIONS.  and  is  in  all  other  respects  possessed  of  the  nec- 

essary  qualifications  as  an  instructor.     I  hereby 

authorize to  teach  the  subjects  named  in 

Writing  .........  ... .. any  public  school  of county  for  a  period 

Arithmetic of months  from  the  date  of  this  certificate. 

Geography 
Grammar 

<*""ity  Superinendent. 

STUB  FOR  ABOVE  FORM.  STUB  FOR  NEXT  FORM. 

No No 

Granted  to  Granted  to 

Postoffice Postoffice 

Age Terms  taught Age Terms  taught 

Granted ,  189. .  Grantes ,  189. 

Expires ,  189. .  Expires. ,  189. 

RESULT  OF  EXAMINATIONS  RESULT  OF  EXAMINATIONS. 

Orthography ~ .7 

Writin 

Writing     Arithmetic 

Arithmetic 

geography 

Grammar  n    s   History 

U.S.  History   Physiology,  etc. 

Physiology,  etc Didactics 

Elementary  Civics 
Elementary  Algebra 
Elements  of  Physics 
Elementary  Economics 


BLANK  FORMS. 


91 


NUMBER  2.—  SECTION  2737. 

(Teacher's  certificate  for  two  years.) 

TEACHER'S  ............  CLASS  CERTIFICATE. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 


Iowa,  ..................  189  ____ 


RESULT  OF 
EXAMINATIONS. 


This  certifies  that  .................................  .  .  .has  passed  a  satisfactory 

examination  in  the  branches  named  herein, 
with  the  results  appended,  is  of  good 
moral  character,  has  had  thirty-six  weeks  > 
successful  experience  in  teaching,  and  i» 
in  all  other  respects  possessed  of  the  nee- 
essary  qualifications  as  an  instructor.  I 

Hereby  authorize  ......................... 

to  teach  the  subjects  named  in  any  public 
school  of  ....................  county  for  a 

period  of  two  years  from  the  date  of  thia 


Orthography 
Reading 


Geography 
Grammar 
U-  S.  History 


Elementary  Civics 
Elementary  Algebra 
Elements  of  Physics 
Elementary  Economics 


County  Superintendent. 


NUMBER  3.— SECTION  2737. 
(Certificate  for  special  brandies. ) 
TEACHER'S  SPECIAL  CERTIFICATE. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  ) 
,  Iowa, ,  189..  ) 

This  certifies  that has  passed  a  satisfactory  examina- 
tion in  the  special  studies  written  herein,  is  of  good  moral  character,  and  is  in  all 
other  respects  possessed  of  the  necessary  qualifications  as  an  instructor.  I  hereby 

authorize. . .  .to  teach  only  the  branches  named  in  any  public  school  of 

county  for  a  period  of months  from  the  date  of  this  certificate. 

No 

County  Superintendent. 

STUB  FOR  ABOVE.  NOTE.— This  is  printed  on  the  face  of  the  cer- 

tificate, similar  to  Form  2. 

No =================== 

Granted  to 

RESULT  OF  EXAMINATIONS. 

Postoflice 

Age Terms  taught 

Granted ,  189. . 

Expires ,  189. . 

RESULT  OF  EXAMINATIONS. 


92 


BLANK  FORMS. 


NUMBER  4  —SECTION  2737. 

REVOCATION  OF  TEACHER'S  CERTIFICATE. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  ) 

,  Iowa, ,  189..  ) 

To  Boards  of  Directors: 

You  are  hereby  notified  that  a  certificate  to  teach,  granted  to , 

dated ,  189. . ,  is  hereby  revoked  in  accordance  with  the  provisions 

of  section  2737,  the  said  revocation  to  take  effect  from  the  date  hereof. 

County  Superintendent. 
NUMBER  5.— SECTION  2738. 

APPLICATION  FOR  TEACHERS'   NORMAL  INSTITUTE. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  i 

,  Iowa,  ,  189. .  ) 

To  tlie  Superintendent  of  Public  Instruction: 

I  desire  to  hold  the  annual  normal  institute  for county 

at ,  Iowa,  commencing-  on  the day  of , 

189. .,  and  closing-  on  the day  of ,  189. . 

I  shall  act  as  director,  and  have  selected,  subject  to  your  approval, 

as  conductor,  and , , ,  as 

instructors,  and  hereby  request  your  concurrence  in  these  arrangements. 

County  Superintendent. 
NUMBER  6.— SECTION  2738. 

MONTHLY  REPORT  OF  INSTITUTE  FUND. 

Received  from  examination  fees,  for  the  month  of ,  and  paid 

to  the  treasurer  of county,  Iowa: 

AMOUNT  AMOUNT 

NAME  OF  APPLICANT.   RECEIVED.      NAME  OF  APPLICANT.   RECEIVED. 

iL  ..$..  J26 $ [.... 

2| '27 |.... 

*  -*  *  *  *  *  *  *  *  *  * 

24..  49|..  I 

25 50 

|  I  Total |$ 

I  certify  that  the  above  report  is  correct. 

,  Iowa,  

County  Superintendent. 
1,  189.. 


BLANK  FORMS. 


93 


NUMBER  7.— SECTION  2738. 

REPORT  OP  REGISTRATION  FEES,  INSTITUTE  FUND. 

Received  from  registration  fees  of  normal  institute,  held  at 

commencing ,  189 . . 

NAME  OF  TEACHER.    ^1^).        NAME  °F  TEACHER'    RECEDED. 

1  ..  $ 151 $ 

2 ....   152 

*  -X-  *  *  *  *  #  *  *  *  * 

149 299 

150 State  appropriation 

Total $ 

I  hereby  certify  that  the  above  report  is  correct. 

,  Iowa.         

1,  189 . .  County  Superintendent. 

NUMBER  8.— SECTION  2738. 

RECEIPT  OF  INSTITUTE  FUND. 
$ 

Received  of ,  county  superintendent, 

dollars  institute  fund. 

Iowa,         

1,  189. .  County  Treasurer. 

NUMBER  9.— SECTION  2738. 
ORDER  ON  INSTITUTE  FUND. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

$ ,  Iowa, ,  189.. 

To ,  Treasurer  of county: 

Pay  to ,  or  order dollars  out  of  the 

institute  fund,  for ,  as  by  bill  No ,  approved  this 

day,  as  required  by  law,  and  on  file  in  my  office. 

No 

County  Superintendent. 

NUMBER  10.— SECTION  2746. 

NOTICE  OF  ANNUAL  MEETING. 

Notice  is  hereby  given  to  the  qualified  electors  of  the 

of ^. ,  in  the  county  of state  of  Iowa, 

that  the  annual  meeting  of  said  district  will  be  held  at , 

on  the  second  Monday  in  March,  189 ,  at o'clock m.,  and  closing  at 

o'clock m. 

A  director  will  be  elected  for  a  term  of years,  to  succeed 

• ,  one  for years,  to  succeed 

. ,  and . . 


94  BLANK  FORMS. 

The  meeting  will  be  open  for  the  transaction  of  such  business  as  may  legally 
come  before  it,  and  the  board  has  directed  that  the  following  propositions  shall 
be  submitted  to  and  determined  by  the  voters: 


,,189..  Secretary. 


NUMBER  11.— SECTION  2746. 

PROCEEDINGS  OF  ANNUAL,  MEETING. 

March....,  189.. 

The  electors  of  the 

of in  the  county  of ,  state  of 

Iowa,  assembled  at ,  pursuant  to  notice.  The 

meeting  was  called  to  order  by  the  president  at  o'clock, m.  The 

secretary  being  absent, was  elected  secretary. 

The  order  of  business  and  powers  of  the  meeting  were  stated  by  the 

president.  It  was  moved  by • ,  seconded  by 

,  that  the  ballots  provide  for  voting  upon  a 

tax  of dollars  for  schoolhouse  purposes. 

Carried, votes  for  and votes  against. 

On  motion  of seconded  by , 

it  was  voted  that  the  ballots  provide  for  voting  a  tax  of  eight  hundred  dollars  for 
the  purpose  of  building  a  schoolhouse  in  subdistrict  No 

It  was  ordered  that  the  ballots  afford  opportunity  to  vote  upon  the  proposition 

to  transfer .......dollars  of  unused  schoolhouse  fund  to  the  teachers' 

(contingent)  fund. 

The  polls  for  voting  were  opened  at minutes  after o'clock. 

At minutes  after o'clock  the  polls  were  closed,  the  ballots  were 

counted,  and  the  vote  upon  the  several  matters  voted  upon  was  in  each  case  as 
follows: 


The  time  required  by  law  during  which  the  meeting  must  be  kept  open  having 
passed,  the  meeting  adjourned  at minutes  after o'clock. 


Secretary.  Chairman. 


NUMBER  12.— SECTION  2746. 

CERTIFICATE  OF  ELECTION.    . 

We  hereby  certify  that  at  the  annual  meeting  of  the , 

in  the  county  of ,  state  of  Iowa,  held  on  the  second 

Monday  in  March,  189. .,  was  duly  elected 

of  said  district,  for  a  term  of years, 

to  succeed . . 


189..  Judges  of  Election. 


BLANK  FORMS.  95 

NUMBER    13.— SECTION  2751. 

NOTICE  OF  SUBDISTRICT  MEETING. 

Notice  is  hereby  given  that  a  meeting  of  the  qualified  voters  of  subdistrict 

No ,  of  the  school  township  of ,  in  the  county  of , 

state  of  Iowa,  will  be  held  at ,  on  the  first  Monday  in  March,  189. . , 

at. ...  o'clock m.,  for  the  election  of  a  director  and  for  the  transaction  of  such 

other  business  as  may  legally  come  before  it.  The  question  whether  seven  hun- 
dred dollars  schoolhouse  tax  shall  be  voted  upon  the  property  of  the  subdistrict 
will  be  determined  by  ballot  at  such  meeting. 


,  189 . .  Director  of  Subdistrict  No. 


NUMBER    14.— SECTION  2751. 

PROCEEDINGS  OF  ANNUAL  SUBDISTRICT  MEETING. 

March  ....,  189.. 

The  voters  of  subdistrict  No ,  of  the  school  township  of , 

in  the  county  of ,  state  of  Iowa,  met  pursuant  to  notice. 

was  appointed  chairman,  and secretary  of 

the  meeting. 

The  chairman  announced  the  powers  of  the  meeting. 

The  polls  were  opened  at minutes  after o'clock.  At minutes  after 

o'clock  the  polls  were  closed,  and  the  judges  proceeded  to  count  the  ballots. 

For  director votes  were  cast  for , votes  for 

,  and votes  for ,  upon  which 

was  declared  elected  director  for  the  ensuing  year,  and  he  was  given  his  certifi- 
cate of  election.  Upon  the  proposition  to  vote  a  schoolhouse  tax  of  seven  hundred 

dollars  upon  this  subdistrict, votes  were  cast  for  the  tax,  and 

against  the  tax.  It  was  declared  that  the  vote  was 

At minutes  after o'clock,  on  motion  of ,  the  meeting 

adjourned. 

Secretary.  Chairman. 


NUMBER  15.— SECTION  2751. 

CERTIFICATE  OF  ELECTION  FOR  DIRECTOR  OF  SUBDISTRICT. 

We  hereby  certify  that  at  the  annual  meeting  of  subdistrict  No ,  of  the 

school  township  of ,  in  the  county  of ,  state 

of  Iowa,  held  on  the  first  Monday  in  March,  189 . . , was 

duly  elected  director  of  said  subdistrict. 


,  189. .  Judges  of  Election. 

NUMBER  16.— SECTION  2753. 

CERTIFICATE  OF  TAX  VOTED  BY  SUBDISTRICT  MEETING. 

To ,  Secretary  Board  of  Directors  of  the  School  Township 

of : 

I  hereby  certify  that  the  voters  of  subdistrict  No ,  of  the  school  township 

of ,  in  the  county  of ,  state  of  Iowa,  at  the 

meeting  held ,  189. . ,  voted  a  tax  of dollars  for  the 

erection  of  a  schoolhouse  in  said  subdistrict. 


,  189 . .  Secretary  of  Subdistrict  Meeting. 


96  BLANK  FORMS. 

NUMBER  17.— SECTION  2760. 

BOND  OF  SECRETARY  OR  TREASURER. 

Know  all  Men  by  tliese  Presents:  That  I, ,  as  principal, 

and and as  sureties, 

of  the in  the  county  of ,  state  of 

Iowa,  are  held  and  firmly  bound  unto  the ,  in  the 

said  county  and  state,  in  the  penal  sum  of dollars,  to  be  paid 

to  the  said ,  for  which  payment,  well  and  truly 

to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  administrators  firmly  by 
these  presents. 

The  condition  of  this  obligation  is  that  as 

of  the ,  in  the  county  of , 

state  of  Iowa,  he  will  render  a  true  account  of  his  office  and  of  his  doings  therein 
to  the  proper  authority,  when  required  thereby  or  by  law;  that  he  will  promptly 
pay  over  to  the  officer  or  person  entitled  thereto  all  moneys  which  may  come  into 
his  hands  by  virtue  of  his  office;  that  he  will  promptly  account  for  all  balances  of 
money  remaining  in  his  hands  at  the  termination  of  his  office;  that  he  will  exercise 
all  reasonable  diligence  and  care  in  the  preservation  and  lawful  disposal  of  all 
money,  books,  papers,  securities,  or  other  property  appertaining  to  Ms  said  office, 
and  deliver  them  to  his  successor,  or  to  any  other  person  authorized  to  receive 
the  same;  and  that  he  will  faithfully  and  impartially,  without  fear,  favor,  fraud 
or  oppression,  discharge  all  duties  now  or  hereafter  required  of  his  office  by  law; 
and  the  sureties  on  such  bond  shall  be  liable  for  all  money  or  public  property  that 
may  come  into  the  hands  of  such  officer  at  any  time  during  his  possession  of  such 
office. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this day 

of ,189.. 


Principal. 


Sureties. 

STATE  OF  IOWA,        \  „„ 

county,  f   ' 

I, : ,  do  solemnly  swear  (or  affirm)  that  I  will 

support  the  constitution  of  the  United  States  and  the  constitution  of  the  state  of 
Iowa,  and  that  I  will  faithfully  and  impartially,  to  the  best  of  my  ability,  discharge 

all  the  duties  of  the  office  of  secretary  (or  treasurer)  of  the , 

in  the  county  of ,  state  of  Iowa,  as  now  or  hereafter  required  by 

law. 


Subscribed  and  sworn  to  before  me  by  the  above  named . 

this day  of ,  189. . 

In  testimony  whereof  witness  my  hand  and  official  seal. 


[SEAL.]  Notary  Public. 

STATE  OF  IOWA,         )  gg 

county,  f   ' 

I ,  being  duly  sworn,  deposo  and  say 

that  I  am  a  resident  freeholder  of  the  state  of  Iowa,  and  am  worth  the  sum  of 

dollars  beyond  the  sum  of  my  debts,  and  have  property 

liable  to  execution  in  this  state  equal  to  the  sum  of dollars. 


BLANK  FORMS. 


97 


Subscribed  and  sworn  to  before  me  by  the  above  named 

this day  of ,  189. . 

In  testimony  whereof  witness  my  hand  and  official  seal. 


[SEAL,.] 


NUMBER  18.— SECTION  2762. 

DRAFT  ON  THE  COUNTY  TREASURER. 


Notary  Public. 


,189. 


To ,  County  Treasurer: 

Pay  to 5  treasurer  of  the , 

in  the  county  of »  state  of  Iowa, dollars  teachers' 

fund, dollars  schoolhouse  fund,  and dollars  contingent 

fund,  being  the  amount  of  tax  collected  and  due  this  district  for  the  quarter 
ending ,189. .,  as  shown  by  your  notice  of ,  189.. 


Secretary. 


NUMBER  19.— SECTION  2762. 

ORDER  ON  DISTRICT  TREASURER. 


President. 


189. 


To ,  Treasurer  of  the : 

Pay  to ,  or  order, dollars  from  the fund, 

for..  


Secretary. 


President. 


NUMBER  20.— SECTION  2762. 

ORDER  REGISTER  OF  SECRETARY  AND  TREASURER. 


1  o.  **  w  K-M!  Number.  || 

DATE. 

IN  WHOSE  FAVOR 
DRAWN. 

FOR  WHAT  PURPOSE. 

Teachers' 
fund. 

Schoolhouse 
fund. 

Contingent 
fund. 

April  7,189.. 
April  7,  189.  . 
April  7,189.. 
May  10,189.. 
May  14,189.. 

John  Smith 

Teaching  school  
Repairs  on  schoolhouse. 

$45.00 

$"*5!66 

A.  J.  Adams  
Joel  B.  Young.  .  .  . 
Thomas  Harrison. 
Sarah  Johnson  .  .  . 

Fuel  

$  5.00 

Erection  of  schoolhouse 
Teaching  school  

125.00 

63.74 

NUMBER  21.— SECTION  2764. 

REGISTER  OF  PERSONS  OF  SCHOOL  AGE. 


NAME. 

SEX. 

AGE 

PARENT  OR  GUARDIAN. 

• 

.,  189. 


98  BLANK  FORMS. 

NUMBER    22.— SECTION  2766. 

CERTIFICATE  TO  COUNTY  OFFICERS. 

I  hereby  certify  that  at  a  meeting  of  the  board  of  directors  of  the 

Ueld  on  the 'day  of ,  189. . ,  the  following  officers  were 

elected  and  have  qualified  according-  to  law: 

>  to  the  office  of ,  postoffice 

,  to  the  office  of ,  postoffice 

,  to  the  office  of ,  postoffice 


Secretary. 


NUMBER   23.— SECTION  2767. 

CERTIFICATE  OF  TAXES. 

To  the  Board  of  Supervisors  of County: 

I  hereby  certify  that  a  tax  of dollars  has  been  determined  by 

the  board  of  directors  of  the ,  in  the  county  of , 

state  of  Iowa,  for  the  teachers'  fund,  and dollars  for  the  contingent 

fund,  as  provided  in  section  2806. 

,189.. 

Secretary. 


NUMBER  24.— SECTION  2767. 

CERTIFICATE  APPORTIONING  TAXES. 

To  the  Board  of  Supervisors  of County: 

I  hereby  certify  that  a  tax  voted  by  the  voters  of  the  school  township  of 

,  in  the  county  of ,  state  of  Iowa,  of 

dollars  for  schoolhouse  purposes,  has  been  apportioned  by  the  board  of  directors 
among  the  subdistricts  as  follows: 

Upon  subdistrict  No.  1, dollars. 

Upon  subdistrict  No.  2, dollars. 

Upon  subdistrict  No.  3 dollars. 

Upon  subdistrict  No.  4, dollars. 

Upon  subdistrict  No.  5, dollars. 

,189..  

Secretary. 


NUMBER  25.— SECTION  2767. 

CERTIFICATE  OF  TAX  VOTED  BY  A  SUBDISTRICT. 

To  the  Board  of  Supervisors  of County: 

I  am  directed  by  the  board  of  directors  of  the  school  township  of , 

in  the  county  of ,  state  of  Iowa,  to  certify  that  the  voters  of  sub- 
district  No of  said  district,  at  a  meeting  held ,  189. . ,  voted 

that dollars  be  raised  on  the  property  within  the  subdistrict  for 

schoolhouse  fund. 

,  189 . .  

Secretary. 


BLANK  FORMS. 


99 


NUMBER  26.— SECTION  2768. 

TREASURER'S  ACCOUNT. 

,  TREASURER,  in  account  with  teachers1  (schoolhouse  or  con- 
tingent) fund.  DR. 

Sept.   28, 189. .   To  cash  received  of  county  treasurer,  semi-anDual  appor- 

tionment ' $  270.00 

Oct.       5,  189. .   To  cash  received  of  county  treasurer,  district  tax 75.00 

Jan.       4,  189. .   To  cash  received  of  county  treasurer,  district  tax 150.00 

April    5,  189. .   To  cash  received  of  county  treasurer,  district  tax 197.00 

April    5,  189. .   To  cash  received  Of  county  treasurer,  semi-annual  appor- 
tionment   135.00 

July      5,  189. .   To  cash  received  of  county  treasurer,  district  tax  100.00 

, ,  TREASURER,  in  account  with  teachers' fund.  CR. 

Oct.  13,  189. .   By  cash  pafd  James  btogan,  on  order  No.  1. .   $  136.00 

Oct.  13,189..   By  cash  paid  Sarah  Smith,  on  order  No.  3 89.00 

Nov.  14,  189. .   By  cash  paid  Nicholas  Hoover,  on  order  No.  4 135.00 

May  3,  189. .    By  cash  paid  Louisa  Martin,  on  order  No.  7 82.00 

May  4,  189. .   By  cash  paid  Jas.  M.  Higgins,  on  order  No.  10 115.00 

May  4,  189. .   By  cash  paid  Stephen  Phelps,  on  order  No.  11 175.00 

May  5,  189. .   By  cash  paid  Amelia  Mason,  on  order  No.  13 95.00 

NUMBER  27.— SECTION  2771. 

CERTIFICATE  OF   APPOINTMENT. 

To : 

You  are  hereby  notified  that  at  a  meeting  of  the  board  of  directors  of  the 

; ,  in  the  county  of ,  state  of  Iowa,  on  the 

day  of ,  189. .,  you  were  appointed of  said to  fill 

a  vacancy  occasioned  by  the of 

,  189..  

Secretary. 

NUMBER  28.— SECTION  2773. 

DEED  FOR  SCHOOLHOUSE  SITE. 

Know  all  men  by  these  presents:  That  we, ,  and 

,  h ,  of  the  county  of ,  state  of 

Iowa,  in  consideration  of  the  sum  of dollars  in  hand  paid,  do  hereby  sell 

and  convey  unto  the ,  in  the  county  of f  state  of 

Iowa,  the  following  described  premises,  situated  in  the  county  of , 

state  of  Iowa,  to-wit:  (Here  describe  the  premises.) 

And  we  do  hereby  covenant  with  the  said that  we  are  lawfully 

seized  of  said  premises;  that  they  are  free  from  incumbrance;  that  we  have  good 
right  and  lawful  authority  to  sell  the  same;  and  we  do  hereby  covenant  to  warrant 
and  defend  the  title  to  the  said  premises  against  the  lawful  claims  of  all  persons 
whomsoever. 

Signed  this day  of ,  189. . 

STATE  OF  IOWA,       ) 
county,  J  •" 

On  this day  of ,  189. . ,  before  me,  a  notary  public  in  and  for 

said  county,  personally  came and ,  h , 


100  BLANK  FORMS. 

personally  to  me  known  to  be  the  identical  persons  whose  names  are  affixed  to 
the  above  deed,  for  the  purposes  therein  expressed. 

Witness  my  hand  and  notarial  seal  this day 

[L.S.]  of ,  189.. 


Notary  Public. 


NUMBER  29.— SECTION  2773. 
LEASE  OF  SCHOOLHOUSE  SITE. 

Know  all  men  by  these  presents:  That ,  of  the  county 

of ,  state  of  Iowa,  for  the  consideration  hereinafter  mentioned,  does 

hereby  lease  unto ,  president  of  the  board  of  directors  of 

the ,  in  the  county  of ,  state  of  Iowa,  or  his 

successor  in  office,  for  the  use  of  said for  school  purposes,  the 

following  described  premises,  situated  in  the  county  and  state  aforesaid,  to-wit: 
(Here  describe  the  lot  or  parcel  of  ground)  together  with  all  the  privileges  thereto 
belonging,  for  the  term  of from  the day  of ,  189. . 

The  said president  as  aforesaid,  or  his  successor  in 

office,  hereby  agrees  to  pay  the  said for  the  use  of  said 

premises,  the rate  of dollars  to  be  paid  at  the 

expiration  of  this  lease. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this day 

of ,189.. 

Signed  in  duplicate.  


President 


NUMBER  30.— SECTION  2778. 

CONTRACT  BETWEEN  BOARD  AND  TEACHER. 

This  contract  between ,  a  teacher  of 

county,  Iowa,  and ,  president 

board  of  directors  of  the ,  in  the  county  of 

,  state  of  Iowa,  witnesseth: 

That  the  said agrees  to  teach  the  public 

school  in of  said  district  for  the  term  of 

weeks,  commencing  on  the day  of ,  189 . . , 

and  well  and  faithfully  to  perform  the  duties  of  teacher  in  said  school,  according 
to  the  law,  and  the  rules  legally  established  for  the  government  thereof,  including 
the  exercise  of  due  diligence  in  the  preservation  of  the  school  buildings,  grounds, 
furniture,  apparatus,  and  other  school  property. 

In  consideration  of  said  services,  the  said ,  as 

president  of  the  board,  in  behalf  of  said agrees 

to  pay  the  said the  sum  of dollars 

a  month  for school  months,  at  the  end  of 

Witness  our  hands  this day  of 189. . 


Teachtr. 
President. 


BLANK  FORMS.  101 

NUMBER  31.— SECTION  2779. 

PROPOSALS  FOB  ERECTION  (OR  REPAIR)  OF  SCHOOLHOUSE. 

Notice  is  hereby  given  that  the  proposals  for  the  erection  (or  repair)  of  a  school- 
house  in  the ,  in  the  county  of ,  will  be 

received  by  the  undersigned,  at  his  office  in (where  plans 

and  specifications  may  be  seen),  until  1  o'clock  p.  m., ,  189. ., 

at  which  time  the  contract  will  be  awarded  to  the  lowest  responsible  bidder.  The 
board  reserves  the  right  to  reject  any  or  all  bids. 

,  189 . .  

Secretary. 

NUMBER    32.— SECTION  2779. 

CONTRACT  FOR  BUILDING  A  SCHOOLHOUSE. 

Contract  made  and  entered  into  between ,  of  the  county 

of ,  state  of  Iowa,  and ,  in  behalf  of  the 

,  in  the  county  of ,  state  of  Iowa,  and  his 

successors  in  office. 

In  consideration  of  the  sum  of dollars,  to  be  paid  as  herein- 
after specified,  the  said hereby  agrees  to  build  a 

schoolhouse,  and  to  furnish  the  material  therefor,  according  to  the  plans  and 
specifications  for  the  erection  of  said  house  hereto  appended,  at 


in  said The  said  house  is  to  be  built  of  the  best  material  in  a 

substantial,  workmanlike  manner,  and  to  be  completed  and  delivered  to  the  said 

,  or  his  successors  in  office,  free  from  any  lien  for 

work  done  or  material  furnished,  on  or  before  the day  of 

189. .  And  in  case  the  said  house  is  not  finished  by  the  time  herein  specified,  the 

said shall  forfeit  and  pay  to  the  said ' 

or  his  successors  in  office,  for  the  use  of  said ,  the  sum  of 

dollars,  and  shall  also  be  liable  for  all  damages  that  may 

result  to  said in  consequence  of  said  failure. 

The  said ,  or  his  successors  in  office,  in  behalf  of  said 

,  hereby  agrees  to  pay  the  said the  sum 

of dollars  when  the  foundation  of  said  house  is  finished; 

and  the  further  sum  of dollars  when  the  walls  are  up  and  ready 

for  the  roof;  and  the  remaining  sum  of dollars  when  the  said 

house  is  finished  and  delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sublet,  transferred,  or 
assigned,  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ,  189. . 


Contractor. 
President. 


NUMBER  33.— SECTION  2779. 

BOND  FOR  PERFORMANCE  OF  CONTRACT. 

Know  all  Men  by  these  Presents:    That  we, ,  as  principal, 

and and as  sureties,  of  the  county  of 

,  state  of  Iowa,  are  held  and  firmly  bound  unto  the 

,  in  the  county  of ,  stateof  Iowa, 

in  the  penal  sum  of dollars,  for  the  payment  of  which,  well  and  truly 

to  be  made,  we  bind  ourselves,  our  heirs,  administrators  and  assigns,  jointly, 
severally  and  firmly  by  these  presents. 


102 


BLANK  FORMS. 


The  condition  of  the  above  obligation  is  such  that,  whereas  the  said 

has  this  day  entered  into  a  written  contract  with , 

as  president  of  the  board  of  directors  of  the ,  in  the  county 

of ,  state  of  Iowa,  and  his  successors  in  office,  for  the  erection 

and  completion  of  a  schoolhouse  in  said ,  by  the 

day  of ,  189. . ,  according  to  the  plans  and  specifications  for  the 

construction  of  said  house  appended  to  said  contract. 

Now,  therefore,  if  the  said shall  faithfully  and 

fully  comply  with  all  the  stipulations  of  said  contract,  then  this  obligation  shall 
be  void,  otherwise  remain  in  full  force  and  virtue  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of ,  189.. 


Principal. 


NUMBER  34.— SECTION  2785. 

LIST  OP  PARENTS  AND  CHILDREN,   KEPT  BY  DIRECTOR. 


PARENTS  OR  GUARDIANS. 

NAMES  OF  CHILDREN. 

SEX. 

AGE. 

John  Smith 

Peter  Smith  

Male    .... 

10  vears. 

Eliza  Smith  .       

Female 

12  years. 

James  Jones 

^Villiam  Jones  

Male  

8  years. 

Charles  Peters  (ward).  .  .  . 

Male  

15  years. 

Anna  Byron  

James  Byron  

Male  

12  years. 

BLANK  FORMS. 


103 


Register  of  the  school  taught  in  subdistrict  No  ,  of  the  school  township  of  ,  county  of  state 
of  Iowa,  for  the  term  commencing  May  18,  189..,  and  closing  ,  189 
,  Teacher. 

BRANCHES  STUDIED. 

1 

&& 
|l» 

111 
Sga 

•soijoo 
-JBU  PUB  s;uB[nait;s 

*                * 

* 

* 

•AJOJSIJJ  *s  "H. 

* 

•  ASoiois&nd 

* 

bound  copy  of  school  register.  In  the  above  form,  E  indicates  the  date  o 
m  the  forenoon;  ice,  ten  minutes  late  in  the  afternoon,  excused.  The  abse 
is  indicated  by  a  dot,  which  is  afterward  changed  by  figures,  or  a  diagonal 

register  of  said  school. 

•jBcauiBJ£) 

* 

1* 

•*qdwa»o 

*                # 

•oipraqjiay  U3^FJA\. 

* 

* 

•oti9mu.,uV  IB»TOW 

* 

' 

* 

•Saiju^    *               * 

# 

* 

•SaiPB9H     * 

* 

* 

•XqdEjSou^JO 

*                *                * 

* 

•sABp  at  aouBpua^B  JBJOX  I  ^              N 

1     1-                                ht 

M 

iff 

w 

K 

i 

DAY  OF  MONTH. 

•AJBUI 

-rans  Aj3|39j\Y 

co 

vn 

m 

•s-j 

•f  "qj, 

•e  "M 

x 

t-a 

- 

*^ 

•x-W 

*• 

-cans  Xi3jaa^V                     "* 

" 

U"i 

•62  -j  i 

NOTE—  The  board  should  supply  each  school  room  in  the  district  with  a 
absence  in  the  forenoon;  t,  absence  in  the  afternoon;  20,  twenty  minutes  late 
indicates  that  the  scholar  was  present  the  entire  day.  Absence  at  roll-call 
circumstances  require;  *  indicates  branch  studied. 

I  hereby  certify  that  the  above  is  a  faithful  and  correct 

•82  "qx 

1 

•^  -M 

£ 

•92  "x 

-0                  | 

•S2-PM 

X 

-rans  XH93AV 

tn                   in 

•4-              -41 

"*• 

U1 

•22  -J 

8* 

•12  "MX 

x 

"02  '"^ 

F 

•61  "X 

•gi  "W  I  W              W 

W 

W 

PUPILS. 

•93V 

o                  g 

oo 

in 

NAME. 

1         I 

William  Jones... 

Charles  Peters... 

•j9qumN 

M                               « 

co 

"* 

104 


BLANK  FORMS. 


NUMBER  36.— SECTION  2789. 

TEACHER'S  TERM  REPORT. 

Register  of  the  school  taught  in  subdistrict  number ,  of  the  school  town- 
ship of ,  in  the  county  of ,  state  of  Iowa,  for  the 

term  commencing  on  the  18th  day  of  May,  189. . ,  and  ending ,  189. . 


PUPILS. 

ATTENDANCE  IN  DAYS 
FOR  WEEKS  COM- 
MENCING — 

03* 

.2 

d 

1 

1 
3 

BRANCHES  STUDIED. 

1 

01 

rH 

0 
d 
S 
1-3 

00 

1 

Orthography. 

Reading. 

Writing. 

Arithmetic. 

Geography. 

Grammar. 

Physiology. 

iC' 

B 
GG 

s 

i 
i 

w 

1 

NAME. 

& 

1 
2 
3 
4 

Peter  Smith 

10 

4.5 

4 

5 

— 



* 

* 

* 

•X- 

~* 

•X- 

4.5 
4 

4.5 

3 

William  Jones..        .   . 

8 

5 

5 

* 

* 

* 

* 

•X- 

Charles  Peters  

15 

5 

5 

5 

* 

* 

•X- 

* 

•x- 

I  hereby  certify  that  the  above  is  a  faithful  and  correct  register  of  said  school. 

Teacher. 

NUMBER  37.— SECTION  2803. 

NOTICE  PERMITTING  ATTENDANCE  FROM  ANOTHER   DISTRICT. 

To Secretary  of  the  Board  of  Directors  of 

the : 

Notice  is  hereby  given  that 

and ,  children  residing  in  the ., 

have  been  granted  permission  by  the  board  and  county  superintendent  to  attend 

school  in ,  commencing  on  the 

day  of ,  189. . ,  for  a  term  of months. 

,  189..  

President. 


Secretary. 


NUMBER  38.— SECTION  2808. 

NOTICE  OF  SEMI-ANNUAL  APPORTIONMENT. 

OFFICE  OF  COUNTY  AUDITOR,         ) 

,  189..  \ 

To ,  President  of  the 

You  are  hereby  notified  that  according  to  the  semi-annual  apportionment  made 
this  day,  as  provided  by  section  2808,  the  sum  of .dollars  is  due  the 


BLANK  FORMS.  103 

,  in  the  county  of ,  state -of  Iowa,  for  which 

I  hand  you  herewith  my  warrant  on  the  county  treasurer. 


County  Auditor. 


NUMBER  39.— SECTION  2809. 

CERTIFICATE  OF  ELECTION  OF  COUNTY  SUPERINTENDENT. 

OFFICE  OF  COUNTY  AUDITOR, 

.,  189. 


I  hereby  certify  that was  elected  to  the  office  of  county 

superintendent,  for  the  term  commencing  January ,  189. . 

His  postoffice  address  is ,  Iowa. 


County  Auditor. 


NUMBER  40.— SECTION  2809. 

CERTIFICATE  OF  QUALIFICATION  OF  COUNTY  SUPERINTENDENT. 

OFFICE  OF  COUNTY  AUDITOR, 

.,  189. 


I  hereby  certify  that has  duly  qualified  for  the 

office  of  county  superintendent  for  the  term  commencing'  January ,  189. . 

His  postoffice  address  is ,  Iowa. 


County  Auditor- 


NUMBER  41.— SECTION  2810. 
NOTICE  OF  SCHOOL  TAX  COLLECTED. 

OFFICE  OF  COUNTY  TREASURER, 

,  189. 

To ,  President  of  the  Board  of  Directors  of  the 


You  are  hereby  notified  that  the  amount  now  collected  and  due  the . 

,  in county,  state  of  Iowa,  is: 

$ teachers'  fund. 

$ schoolhouse  fund. 

$ contingent  fund. 


County  Treasurer. 


NUMBER  42.— SECTION  2815. 

APPLICATION  FOR  APPOINTMENT  OF  REFEREES. 

To ,  Superintendent  of county: 

In  accordance  with  the  action  of  the  board  of  directors  of  the 

,  you  are  hereby  requested  to  appoint  three 

disinterested  persons  to  inspect,  and  assess  the  damages  which  the  owner  will 


106  BLANK  FORMS. 

sustain  by  appropriating1  for  school  purposes,  the  following  described  real  estate: 


President. 
Secretary. 


NUMBER  43.— SECTION  2815. 

APPOINTMENT  OP  REFEREES. 

To , and 

You  are  hereby  appointed  and  constituted  a  board  of  referees,  under  the  pro- 
visions of  section  2815,  to  assess  the  damages  which  the  owner  will  sustain  by 
the  appropriation  for  school  purposes,  of  the  following  described  real  estate: 


in ,  in  the  county  of ,  state  of 

Iowa,  .containing  one  acre  of  land,  exclusive  of  highway. 

You  will  therefore,  on  the day  of .- ,  189. . , 

at o'clock m.,  proceed  to  examine  the  real  estate  above  described,  and 

assess,  under  oath,  the  cash  damages  which  the  owner  will  sustain  by  the  appro- 
priation of  said  land  for  school  purposes,  and  immediately  thereafter  report  to  me 
in  writing  the  amount  of  said  damages. 

,  189..  

County  Superintendent. 

OATH  OF  REFEREES. 

We, , and 

do  solemnly  swear  that  we  will  well  and  truly,  and  to  the  best  of  our  ability  per- 
form all  of  the  duties  imposed  upon  us  by  the  foregoing  commission. 


Subscribed  and  sworn  to  before  me  by , 

and ,  this day  of ,  189. . 


Notary  Public. 


NUMBER  44.— SECTION  2815. 

NOTICE  TO  OWNER  OF  REAL,  ESTATE. 

To ,  county: 

You  are  hereby  notified  that  I  have  this  day  appointed  referees  to  assess  the 
damages  which  the  owner  will  sustain  by  the  appropriation  for  school  purposes 
of  the  following  described  real  estate 


Said  referees  will  meet  at  the  above  described  real  estate  on  the day  oi 

,  189. .,  at o'clock m.,  and  assess  said  damages  as  provided 

by  law. 

,189..  

County  Superintendent. 


BLANK  FORMS.  107 

NUMBER  45. -SECTION  2815. 

REPORT  OF  REFEREES. 

To ,  Superintendent  of county: 

We,  the  undersigned,  appointed  to  assess  the  damages  which  the  owner  will 
sustain  by  the  appropriation,  for  school  purposes,  of  the  following  described  real 
estate. . .  


do  hereby  report  that  we  have  on  this day  of . . . .,  189. . 

carefully  examined  said  described  real  estate  and  have  assessed  the  damages  at 

dollars. 

..  189.. 


Referees. 


NUMBER  46.— SECTION  2815. 
NOTICE  OF  ASSESSMENT  OF  DAMAGES. 

To , county: 

You  are  hereby  notified  that  referees  were  appointed  to  assess  the  damages 
which  the  owner  would  sustain  by  the  appropriation  for  school  purposes  of  the 
following  described  real  estate 


and  that  said  referees  met  at  said  premises  on  the day  of 

189. . ,  and  assessed  said  damages  at dollars,  as  shown  by  their  report 

on  file  in  my  office. 

,  189..  

County  Superintendent. 


NUMBER  47.— SECTION  2818. 

AFFIDAVIT  OF  APPEAL. 


STATE  OF  IOWA,          ) 
county,  f 8S< 


v. 
SCHOOL  TOWNSHIP  OF  , 


:• 


I,  ,  being  duly  sworn,  on  oath,  say:  that  on 

the day  of ,  189. . ,  the  board  of  directors  of 

said  school  township  rendered  a  decision  (or  made  an  order)  whereby  (here  state 
facts  showing  affiant's  interest  in  tlie  decision,  and  the  injury  to  that  interest),  that  said 
board  in  rendering  the  decision  (or  making  the  order)  aforesaid,  committed  errors 
as  follows.  (Here  state  the  errors  charged.) 


Subscribed  and  sworn  to  by before  me,  this '. .  day 

of ,  189.. 


Notary  Public. 


108  BLANK  FORMS. 


NUMBER  48.— SECTION  2819. 

NOTICE  OF  APPEAL. 


STATE  OF  IOWA, 
, county. 


v. 
SCHOOL  TOWNSHIP  OF 

To Secretary  Board  of  Directors  of  the  School  Town- 
ship of 

You  are  hereby  notified  that has  filed  in  my  office  an  affidavit 

alleging-  that  said  board  of  directors,  on  the day  of ,  189. . 

made  a  decision  (or  an  order)  whereby  (here  describe  the  decision  or  order  so  that  the 
secretary  may  identify  it),  and  claiming  an  appeal  therefrom.  You  are  therefore 
required  within  ten  days  after  receiving  this  notice,  to  file  in  my  office  a  complete 
transcript  of  the  record  of  the  proceedings  of  the  board  relating  to  said  order, 
together  with  copies  of  all  papers  filed  with  you  pertaining  to  said  action  appealed 
from. 

,189..  

County  Superintendent. 


NUMBER  49.— SECTION  2819. 

CERTIFICATE  TO  SECRETARY'S  TRANSCRIPT. 

I, ,  secretary  of  the  board  of  directors  of  the  school 

township  of ,  in  the  county  of ,  state  of 

Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete  transcript  of 
the  record  of  all  proceedings  of  the  board  and  of  all  papers  filed  relating  to  the 

case v 

,  189..  

Secretary. 


NUMBER  50.— SECTION    2819. 
NOTICE  OF  HEARING  OF  APPEAL. 


STATE  OF  IOWA, 
, county. 


v. 
SCHOOL  TOWNSHIP  OF  , 


To 

You  are  hereby  notified  that  there  is  on  file  in  this  office  a  transcript  of  the 

proceedings  of  the  board  of  directors  of  the  school  township  of 

at  a  meeting  held  on  the day  of ,  189. .,  in  relation  to 

(here  describe  the  decision  or  order  appealed  from),  from  which  appeal  has  been  taken; 

and  that  the  said  appeal  will  be  heard  before  me  at on  the 

day  of ,  189 . . ,  at o'clock . . . .  m. 

,  189..  

County  Superintendent. 


NUMBER  51.— SECTION  2820. 

CERTIFICATE  TO  COUNTY  SUPERINTENDENT'S  TRANSCRIPT. 

I, ,  superintendent  of 

county,  state  of  Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete 


BLANK  FORMS.  109 

transcript  of  the  records  of  all  proceedings  had,  testimony  given  and  papers  filed 

in  my  office,  and  my  rulings  thereon,  also  of  my  decision  in  the  case 

v 

,  189 .  

County  Superintendent. 


NDMBER  52.— SECTION  2824. 

BOND  FOR  SALE  OF  BOOKS  AND  SUPPLIES. 

Know  all  Men  by  these  Presents: 

That  we,  ,  of  the  county  of 


as  principal,  and and ,  as  sureties 

are  held  and  firmly  bound  unto  the in  the  county  of ,  state 

of  Iowa,  in  the  penal  sum  of dollars,  for  the  payment  of  which  we 

bind  ourselves,  our  heirs,  executors  and  administrators,  firmly  by  these  presents. 

The  Condition  of  tlie  Foregoing  Obligation  is,  That,  whereas,  the  above  named 

,  is  to  take  charge  of,  care  for,  and  account  for, 

all  text-books  and  supplies,  and  to  return  all  moneys  received  from  the  sale  of 
such  books  and  supplies  to  the  contingent  fund  of  said  district;  now,  if  the  said 

shall  promptly  pay  over  to  the  treasurer  of  the  district  all 

money  which  may  come  into  his  hands  from  the  sale  of  books  and  supplies,  and 
shall  account  in  full  at  any  time  for  all  books  and  supplies  coming  into  his  hands, 
and  shall  deliver  to  any  person  or  officer  authorized  to  receive  the  same,  all  books 
and  supplies  unsold,  and  make  full  settlement  as  required  by  law,  then  this  bond 
to  be  void,  otherwise  in  full  force. 

Signed  this day  of ,  189. . 


NUMBER  53.— SECTION  2828. 

NOTICE  TO  PUBLISHERS  OF  TEXT-BOOKS. 

Notice  is  hereby  given  that  in  accordance  with  law,  bids  will  be  received  up 

to of  the day  of ,  189.., 

by at for  the  following 

text-books  and  supplies  for  the  use  of  the  schools  of  said 

Approximate  Number  Needed  for  First  Supply 

Readers,  First  to  Fifth,  inclusive 

Arithmetics,  two  books 

Speller 

Geographies,  two  books 

United  States  History 

Grammar 

Language  Lessons 

Copy  books,  1-5  inclusive 

Physiology 


Approximate  number  in  attendance  upon  the  schools  of  said 
during  the  year  189. ., 


110  BLANK   FORMS. 

Samples  of  all  text-books  included  in  any  bid  must  be  deposited  and  remain  in 
the  office  of  the  county  superintendent. 

The  board  reserves  the  right  to  reject  any  or  all  bids,  or  any  part  thereof. 

President. 

Secretary. 

,  189.. 


NUMBER  54.— SECTION  2830. 

BOND  OF  CONTRACTOR  TO   FURNISH  TEXT-BOOKS. 

Know  all  Men  by  these  Presents:    That  we, of 

,  as  principal,  and . . . . ; 

,  as  sureties,  are  held  and  firmly  bound  unto  the 

in  the  penal  sum  of 

to  be  paid  to  the  said : for  which  pay- 
ment well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators,  firmly  by  these  presents. 

The  conditions  of  the  above  obligation  are  such  that  if  the  above  bounden 

shall  well  and  truly  fulfill  and  comply 

with  all  the  obligations  of  their  contract  made  on  the day 

of 189. . ,  with  the  aforesaid 

providing  for  the  furnishing  of  school  text-books  at  prices  and  on  conditions  set 
forth  in  their  said  contract,  a  copy  of  which  said  contract  is  hereto  attached  and 
made  a  part  hereof,  then  this  obligation  to  be  void;  otherwise  to  remain  in  full 
force  and  effect. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of ,  189.. 


Principal. 
Sureties. 


NUMBER  55.— SECTION  2831. 

PETITION  FOR  COUNTY  UNIFORMITY. 

To County  Superintendent: 

We,  the  undersigned,  holding  the  office  of  school  director,  ask  for  the  adop- 
tion of  a  uniform  series  of  text-books  in  the  schools  of  this  county,  and  that  you 
take  steps  to  submit  the  question  to  the  electors  of  the  county,  at  the  annual 
school  meeting  in  March,  as  provided  for  by  law. 


NAMES. 


DISTRICT  NAME. 


TOWNSHIP. 


,189. 


INDEX  TO  FORMS.  HI 


INDEX   TO   FORMS. 


NO.  PAGi. 

Teacher's  Certificate 1  90 

Teacher's  Certificate  for  Two  Years -. . .     2  91 

Certificate  for  Special  Branches 3  91 

Revocation  of  Teacher's  Certificate 4  92 

Application  for  Teachers'  Normal  Institute 5  92 

Monthly  Keport  of  Institute  Fund 6  92 

Report  of  Registration  Fees,  Institute  Fund 7  93 

Receipt  for  Institute  Fund 8  93 

Order  on  Institute  Fund 9  93 

Notice  of  Annual  Meeting 10  93 

Proceedings  of  Annual  Meeting 31  94 

Certificate  of  Election 12  94 

Notice  of  Subdistrict  Meeting 13  95 

Proceedings  of  Annual  Subdistrict  Meeting 14  95 

Certificate  of  Election  of  Director  of  Subdistrict 15  95 

Certificate  of  Tax  Voted  by  Subdistrict  Meeting 16  95 

Bond  of  Secretary  or  Treasurer 17  96 

Draft  on  the  County  Treasurer 18  97 

Order  on  District  Treasurer 19  97 

Order  Register  of  Secretary  and  Treasurer 20  97 

Register  of  Persons  of  School  Age 21  97 

Certificate  to  County  Officers 22  98 

Certificate  of  Tax 23  98 

Certificate  Apportioning  Tax 24  98 

Certificate  of  Tax  Voted  by  a  Subdistrict 25  98 

Treasurer's  Account 26  99 

Certificate  of  Appointment 27  99 

Deed  for  Schoolhouse  Site 28  99 

Lease  of  Schoolhouse  Site 29  100 

Contract  Between  Board  and  Teacher 30  100 

Proposals  for  Erection  or  Repair  of  Schoolhouse 31  101 

Contract  for  Building  Schoolhouse 32  101 

Bond  for  Performance  of  Contract 33  101 

List  of  Parents  and  Children,  kept  by  Director 34  102 

Teacher's  Daily  Register 35  103 

Teacher's  Term  Report 36  104 

Notice  Permitting  Attendance  from  Another  District 37  104 

Notice  of  Semi-annual  Apportionment 38  104 

Certificate  of  Election  of  County  Superintendent 39  105 

Certificate  of  Qualification  of  County  Superintendent 40  105 

Notice  of  School  Tax  Collected 41  105 

Application  for  Appointment  of  Referees 42  105 

Appointment  of  Referees 43  106 

Notice  to  Owner  of  Real  Estate 44  106 

Report  of  Referees 45  107 

Notice  of  Assessment  of  Damages 46  107 

Affidavit  of  Appeal 47  107 

Notice  of  Appeal 48  108 

Certificate  to  Secretary's  Transcript 49  108 

Notice  of  Hearing  of  Appeal 50  108 

Certificate  to  County  Superintendent's  Transcript 51  108 

Bond  for  Sale  of  Books  and  Supplies 52  109 

Notice  to  Publishers  of  Text-books 53  109 

Bond  of  Contractor  to  Furnish  Text-books 54  HO 

Petition  for  County  Uniformity .55  no 


112  INDEX. 


INDEX. 

ACCOUNTS,  by  board  educational  examiners,  2633;  by  trustees  normal  school,  2680; 
by  county  high  school,  2729;  of  applicants  examined,  2736;  of  institute  fund, 
2738;  kept  by  secretary,  2761;  kept  by  treasurer,  2768;  audited  by  board,  2780; 
for  attendance,  certified  to  county  auditor,  2803;  kept  by  county  auditor,  2808; 
of  bonds  sold,  kept  by  treasurer,  2812;  kept  by  county  board  of  education,  2833. 

ACRE,  site  taken  by  condemnation  may  not  exceed,  2814. 

ADJOURNMENT,  less  number  of  board  than  quorum  may  adjourn,  2771. 

ADVERTISEMENT,  proposals  to  build  of  $300  and  over,  must  be  invited  by,  2779; 
before  text-books  are  adopted,  2828. 

AFFIDAVIT,  of  appeal,  of  what  it  consists,  2818;  is  basis  of  appeal,  2818;  must  be 
filed  within  thirty  days,  2818;  shall  set  forth  error  complained  of  in  a  plain 
and  concise  manner,  2818. 

AGE,  of  voter  at  school  meeting-,  2748;  for  enumeration,  2764;  for  free  attendance, 
2773;  of  scholars  in  attendance  kept,  2789:  of  scholar,  2804. 

ALCOHOLIC  DRINKS  AND  NARCOTICS,  effects  of,  taught  in  normal  school,  2677; 
examination  for  teacher  must  include,  2736;  certificate  of  teacher  failing  or 
neglecting  to  teach  effects  of,  must  be  revoked,  2737;  county  superintendent 
must  report  manner  and  extent  of  instruction  in  effects  of,  2739;  law  with 
regard  to  teaching  effects  of,  must  be  enforced,  2740;  instruction  as  to  effects 
of,  must  be  given  all  scholars,  2775. 

ANNUAL  MEETING,  held  second  Monday  in  March,  2746;  officers  of,  2746;  voters 
at,  2747;  powers  of,  2749;  voting  at,  must  be  by  ballot,  2749;  in  independent 
districts,  2754;  notice  of,  2763;  vote  of,  must  be  executed  by  board,  2778;  state- 
ment of  receipts  and  expenditures  to  be  presented  at,  by  board,  2780;  vote  tax 
to  pay  judgment  indebtedness,  2811;  may  authorize  change  of  text-books,  2829; 
may  vote  free  text-books,  2836;  may  discontinue  loaning  of  text-books,  2837. 

APPARATUS,  value  of,  reported  to  governor,  2625;  amount  expended  for,  in  county 
high  school,  reported,  2731;  value  of,  reported  by  secretary,  2765;  may  be  pur- 
chased with  contingent  fund,  2783. 

APPEAL,  from  decision  by  county  superintendent,  2623;  who  may  take,  2818;  affi- 
davit is  basis  of,  2818;  county  superintendent  to  notify  secretary,  2819;  secre- 
tary to  send  up  transcript,  2819;  time  of  hearing  fixed,  2819;  interested  per- 
sons notified,  2819;  testimony  heard  and  decision  rendered,  2819;  decision  final 
unless  appealed  from,  2819;  to  superintendent  public  instruction,  2820;  judg- 
ment for  money  not  to  be  rendered,  2820;  county  superintendent  issues  sub- 
posnas,  2821;  compels  attendance  of  witnesses,  2821;  compensation  to  witnesses 
in,  2821;  costs  of,  may  be  paid,  2821;  transcript  of  costs  filed  with  clerk  of 
court,  2821. 

APPOINTMENT,  of  deputy,  by  superintendent  public  instruction.  2621;  of  teachers' 
normal  institute,  2622;  of  two  members  board  educational  examiners,  by  gov- 
ernor, 2628;  of  assistant  examiners,  2629;  to  fill  vacancies  in  trustees  county 
high  school,  2729;  of  deputy,  by  county  superintendent,  2734;  of  assistants  at 
examination,  2735;  of  judges  of  election  at  annual  meeting,  2746;  qualifications 
of  person  for,  as  school  officer  or  member  of  board,  2748;  of  chairman  and  sec- 
retary for  subdistrict  meeting,  2751;  of  judges  of  election  in  districts  of  5,000 


INDEX.  113 

or  over,  divided  into  election  precincts,  2756;  no  teacher  or  other  employe  oJ 
the  board  eligible  as  secretary  in  independent  districts,  2757;  by  board  to  fill 
vacancy  in  its  membership,  2758;  to  fill  vacancies,  must  be  by  ballot,  2771;  ol 
temporary  president  or  secretary,  2772. 

APPORTIONMENT,  see  Semi-annual  Apportionment. 

APPRAISERS,  see  Referees. 

ARBITRATORS,  when  boards  cannot  agree  on  division  of  assets  and  liabilities, 
may  be  selected,  2802;  decision  of,  made  in  writing,  2802;  appeal  from  decision 
of,  to  district  court,  2802. 

ASSETS  AND  LIABILITIES,  boards  shall  make  equitable  division  of,  2802. 

ATTENDANCE,  at  normal  school,  2676:  at  county  high  school,  2733;  school  for, 
determined  by  board,  2773;  every  school  free  to  actual  residents,  2773;  in  other 
districts,  2774;  expenses  of  transportation  paid,  2774;  register  of,  2789;  in 
another  district,  2803:  age  for,  2804;  of  nonresidents,  2804. 

AUDITOR,  see  County  Auditor. 

AUDITOR  OF  STATE,  issues  warrant  for  subscription  to  educational  school  paper, 
2624;  receives  report  of  enumeration  from  superintendent  public  instruction, 
2625;  issues  warrant  for  each  institute,  2626;  issues  warrant  for  salaries  and 
expenses,  2627;  issues  warrants  for  compensation  board  educational  examiners, 
2634;  issues  warrants  for  compensation  officers  board  trustees  normal  school, 
2681. 

BALLOT,  director  for  subdistrict  elected  by,  2751;  directors  elected  by,  2754;  elec- 
tion in  districts  of  5,000  or  more  divided  into  precincts,  must  be  by,  2755;  offi- 
cers of  board  elected  by,  2757;  vacancies  among  officers  or  members  of  board, 
filled  by,  2771;  vote  on  formation  of  independent  school  district  taken  by,  2794; 
vote  for  rural  independent  school  district  organization  taken  by,  2797;  vote  to 
unite  independent  districts,  taken  by,  2799;  vote  to  unite  rural  independent 
school  districts  into  school  townships  taken  by,  2800;  vote  to  authorize  free 
text-books  taken  by,  2837. 

BALLOT  BOX,  provided  for  each  precinct  in  independent  school  districts  of  5,000 
and  over,  divided  into  election  precincts,  2756. 

BARBED  WIRE,  county  superintendent  shall  see  that  provisions  relating  to  use  ofr 
are  observed  and  enforced,  2740;  shall  not  be  used  to  inclose  school  building 
or  grounds,  2817;  not  used  within  ten  feet  of  schoolhouse  site,  2817:  penalty 
for  use  of,  2817. 

BIBLE,  shall  not  be  excluded  from  any  school,  2805;  no  child  required  to  read, 
contrary  to  wishes  of  parent  or  guardian,  2805. 

BLIND  PERSONS,  of  school  age,  reported  to  College  for  the  Blind,  2739;  of  school 
age,  reported  to  county  superintendent,  2765. 

BOARD  OP  DIRECTORS,  county  superintendent  not  to  be  member  of,  2734;  terau 
of,  2745;  qualifications  for  member  of,  2748;  number  of,  in  school  townships,. 
2752;  number  of,  in  independent  districts,  2754;  election  of,  in  school  town- 
ships, 2751-2752;  election  of,  in  independent  districts,  2754-2756;  meetings  of, 
2757;  election  of  officers,  2757;  qualification  of  members,  2758;  vacancy  in,  filled; 
by  appointment,  2758;  president  of,  duties  of,  2759;  may  employ  counsel,  2759;: 
secretary  and  treasurer  each  gives  bonds,  2760;  bonds  to  be  filed  with  presi- 
dent, 2760;  secretary,  duties  of,  2761-2767;  proceedings  of,  to  be  recorded  by 
secretary,  2761;  treasurer,  duties  of,  2768-2769;  quorum  of,  2771;  vacancies  in, 
filled  by  ballot,  2771;  appoints  temporary  president  or  secretary,  2772;  pre- 
scribes course  of  study,  2772;  makes  rules  and  regulations,  2772;  requires  per- 
formance of  duty,  2772;  fixes  site  for  schoolhouse,  2773;  determines  number  of 
schools,  2773;  determines  particular  school  each  child  shall  attend,  2773;  des- 
ignates period  each  school  shall  be  held  beyond  the  time  required  by  law, 
2773;  may  rent  room  and  employ  teacher  for  any  tftn  scholars,  2774;  may  con- 
tract for  instruction  in  other  districts,  2774;  may  pay  transportation  of  c-hil- 
8 


114  INDEX. 

dren,  2774;  shall  require  teachers  to  give  and  scholars  to  receive  instruction 
in  effects  of  stimulants,  2775;  may  establish  graded  or  union  schools,  2776;  may 
select  person  to  have  general  supervision  of  schools,  2776;  shall  carry  into 
effect  instructions  from  annual  meeting,  2778;  shall  elect  teachers  and  make 
contracts,  2778;  shall  consult  county  superintendent  before  building  school- 
house,  2779;  if  amount  exceeds  $300,  shall  advertise  before  contracting,  2779; 
shall  audit  all  claims,  2780;  shall  make  settlement  with  treasurer,  2780;  shall 
present  statement  of  annual  receipts  and  expenditures,  2780;  fixes  compensa- 
tion of  secretary  and  treasurer,  2780;  no  member  of,  may  receive  compensa- 
tion, 2780;  provides  for  visiting  schools,  2782;  may  discharge  teacher  for  cause, 
2782;  may  expel  scholar,  2782;  may  readmit  scholar,  2782;  may  empower  teacher 
to  dismiss  scholar  temporarily,  2782;  may  insure  school  property,  2783;  may 
purchase  dictionaries,  library  books,  and  apparatus,  2783;  may  furnish  text- 
books to  indigent  children,  2783:  may  loan  text-books  to  scholars,  2783;  shall 
give  special  attention  to  matter  of  water-closets,  2784;  shall  limit  director  of 
>subdistrict  in  contracting,  2785;  may  hold  an  industrial  exposition,  2786;  shall 
have  shade  trees  set  out,  2787;  shall  not  pay  person  for  teaching  without  cer- 
tificate, 2788;  how  chosen,  when  new  civil  township  is  formed,  2790;  may  con- 
sent to  attach  territory,  2791;  territory  restored  by  concurrent  consent  of, 
2792;  territory  restored  by  consent  of,  and  county  superintendent,  2792;  may 
establish  boundaries  of  contemplated  independent  school  district,  2794;  shall 
give  notice  of  election  of  directors,  2795;  may  change  boundaries  of  subdis- 
tricts  by  majority  vote  of,  2801;  shall  divide  assets  and  liabilities,  2802;  in  case 
of  disagreement,  arbitrators  shall  be  appointed,  2802;  may  agree  upon  terms 
of  attendance,  2803;  fixes  terms  for  attendance  of  nonresidents,  2804;  may  not 
exclude  bible  from  school,  2805;  shall  estimate  taxes,  2806:  shall  pay  judgment 
out  of  proper  fund,  2811;  shall  certify  tax  to  pay  judgn  ent,  2811;  may  issue 
bonds  to  pay  judgment  indebtedness,  2812;  may  issue  bonds  to  pay  bonds 
maturing,  2812;  shall  provide  tax  to  pay  bonds  or  interest  due,  2813;  may  take 
schoolhouse  sites,  2814;  shall  deposit  amount  of  referees'  assessment,  2815; 
shall  pay  costs  of  referees'  assessment,  2815;  may  not  use  barbed  wire  to 
inclose  schoolhouse  grounds,  2817;  may  adopt  and  purchase  text-books,  2824: 
may  select  person  to  keep  books  and  supplies  for  sale,  2824;  must  advertise  for 
bids  before  adopting  text-books,  2828;  shall  arrange  for  free  text-books,  when 
voted,  2837. 

BOARD  OF  DIRECTORS,  of  independent  school  district,  term  of,  2745;  election  of, 
2754-2756;  may  establish  kindergarten  departments,  2777;  for  new  district, 
2795;  certifies  taxes  for  new  district,  2796;  may  subdivide  district,  2798;  may 
unite  districts,  2799;  may  issue  bonds,  2812;  shall  certify  tax  to  pay  bonds  or 
interest  due,  2813. 

BOARD  OF  DIRECTORS,  of  rural  independent  school  district,  term  of,  2754;  elec- 
tion of,  2754;  changes  boundaries,  2793;  for  new  district,  2797;  may  subdivide 
district,  2798;  may  unite  districts,  2799;  may  unite  districts  into  school  town- 
ship, 2800. 

BOA.RD  OF  DIRECTORS,  of  school  township,  term  of,  2745;  number  of,  2752;  elec- 
tion of,  2751-2752;  may  instruct  directors,  2785;  may  divide  school  township 
into  subdistricts,  2801;  must  apportion  schoolhouse  tax  among  subdistricts, 
2806. 

BOARD  OF  EDUCATIONAL  EXAMINERS,  of  whom  consists,  2628;  superintendent, 
public  instruction  president,  2628;  shall  hold  at  least  two  examinations  annu- 
ally, 2629;  adopts  rules  and  regulations,  2629;  keeps  record  of  proceedings. 
2629;  may  issue  state  certificates  and  state  diplomas,  2629;  to  graduate  of  any 
state  normal  school,  2630;  to  person  holding  certificate  of  same  grade  from 
another  state,  2630;  to  primary  school  teachers,  2630;  keeps  complete  register 
of  persons  to  whom  certificates  or  diplomas  are  issued,  2630;  may  revoke  cer- 
tificate or  diploma,  2631;  shall  require  fee  for  examination,  2631;  shall  pay  all 


INDEX.  115 

moneys  into  state  treasury,  2631;  certificate  or  diploma  must  be  registered, 
2632;  shall  keep  a  detailed  account  of  moneys  received  and  expended,  and 
publish  such  account,  2633;  compensation  of  members,  2634;  compensation  of 
assistants,  2634. 

BOARD  OF  SUPERVISORS,  may  submit  question  of  establishing  county  high  school, 
2728;  appoints  trustees  county  high  school,  2728;  may  fill  vacancies  in  trustees 
of  county  high  school,  2729;  requires  bond  of  trustees,  2729;  shall  levy  tax  to 
build,  2731;  county  superintendent  not  to  be  a  member  of,  2734;  shall  provide 
room  at  county  seat  for  county  superintendent,  2735;  may  appropriate  addi- 
tional funds  for  support  of  institute,  2738;  may  allow  county  superintendent 
additional  compensation,  2742;  shall  levy  special  schoolhouse  tax  voted  by 
subdistrict  upon  itself,  2753;  shall  levy  tax  for  new  independent  school  dis- 
trict, 2796;  shall  levy  taxes  for  school  funds,  2807;  shall  levy  county  tax  of  one 
to  three  mills,  2807;  shall  levy  tax  to  pay  bonds  or  interest  due,  2813;  included 
in  county  board  of  education,  2831. 

BOARD  OF  TRUSTEES,  of  county  high  school,  who  shall  constitute,  2728;  county 
superintendent  member  and  president  of,  2728;  shall  qualify,  2729;  election 
of,  2729;  in  three  classes,  2729;  shall  appoint  secretary  and  treasurer,  2729; 
shall  select  site  for  school,  2730;  shall  estimate  funds  needed,  2730;  shall  pro- 
ceed to  build,  2731;  shall  employ  teachers,  2731;  shall  have  annual  reports 
made,  2731;  compensation  members  of,  2731;  shall  approve  rules  and  regula- 
tions, 2732;  shall  admit  students  from  county  without  charge,  2733;  may  admit 
from  outside  the  county,  2733. 

BOARD  OF  TRUSTEES,  of  normal  school,  shall  elect  officers,  2675;  shall  make  rules 
and  regulations,  2676;  may  charge  for  contingent  expenses,  2676;  may  charge 
a  tuition  fee,  2676;  must  have  effects  of  alcoholic  drinks  and  narcotics  taught, 
2677;  may  receive  scholars  from  same  school  district,  2678;  shall  report  bien- 
nially to  governor,  2680. 

BOND,  of  officer,  of  treasurer  normal  school,  2675;  of  trustees  county  high  school, 
2729;  of  treasurer  county  high  school,  2729;  of  secretary  and  treasurer  of 
board,  2760;  shall  be  filed  with  the  president,  2760;  president  shall  bring 
action  on,  2760;  of  contractor  to  build,  2779;  of  person  appointed  to  keep  books 
and  supplies  for  sale,  2824;  of  publishers,  suit  on,  2827;  of  contractor  furnish- 
ing books  or  supplies,  2830;  surety  companies  accepted  on,  2830. 

BONDS,  women  may  vote  on  question  of  issuing,  2747;  board  may  issue  to  pay 
indebtedness,  2812;  voters  may  vote,  2812;  signed  by  president,  2812;  counter- 
signed by  secretary,  2812;  when  payable,  2812;  delivered  to  treasurer,  2812. 
treasurer  shall  sell,  2812;  treasurer  may  exchange,  2812;  cost  of  engraving 
and  printing,  paid  from  contingent  fund,  2812;  treasurer  keeps  record  to  whom 
bonds  are  sold,  2812;  form  and  other  requirements  of,  2812;  not  to  be  disposed 
of  for  less  than  par  value,  2812;  must  be  paid  in  order  of  issuance,  2812;  tax  to 
pay  bonds  or  interest  due,  2813. 

BOOKS,  see  Text-books. 

BOUNDARIES,  of  divisions  for  attendance  at  school,  2773;  changed  by  attaching 
territory,  2791;  changed  by  restoration  of  territory,  2792;  of  contiguous  inde- 
pendent districts  in  same  civil  township,  2793;  established  to  form  independ- 
ent school  district,  2794:  subdivision  of  independent  districts,  2798;  uniting 
independent  districts,  2799;  division  of  school  township  into  subdistricts,  2801; 
alterations  in  subdistrict,  designated  on  plat,  2801;  description  of,  recorded  in 
records  of  school  township,  2801;  copy  description  of  changes  delivered  to 
county  treasurer  and  auditor,  2801;  of  subdistricts  must  conform  to  congres- 
sional divisions,  2801;  changes  in  subdistrict,  take  effect  at  next  subdistrict 
election,  2801;  division  of  assets  and  liabilities,  2802. 

BRANCHES  OF  STUDY,  in  normal  school,  2676;  trustees  in  normal  school  shall 
have  effects  of  stimulants  taught,  2677;  in  county  high  school,  2732;  added  to 
course  of  study  by  voters,  2749;  determined  by  board,  2772. 


116  INDEX. 

CANVASS  OF  VOTES,  to  establish  county  high  school,  2728;  at  annual  meeting  of 
voters,  2746;  at  annual  subdistrict  meeting,  2751;  in  districts  of  5,000  or  over, 
divided  into  election  precincts,  2756;  when  officers  of  board  are  chosen,  2757; 
record  of,  to  be  kept  by  secretary,  2761;  when  vacancy  among  officers  or  mem- 
bers of  board  occurs,  2771;  when  formation  of  independent  school  district  is 
voted  upon,  2795;  when  vote  is  taken  to  form  rural  independent  school  dis- 
tricts from  subdistricts  of  school  township,  2797;  to  unite  independent  dis- 
tricts, 2799;  to  unite  rural  independent  school  districts  into  school  township, 
2800;  when  county  uniformity  is  voted  upon,  2832. 

CERTIFICATE  OF  ELECTION,  to  directors  elected,  2746,  2756;  to  director  of  subdie- 
trict,  2751. 

CERTIFICATE  OF  TEACHER,  examination  for,  2735;  for  special  studies,  2736;  term 
of,  2737;  revocation  of,  2737;  fee  for,  2738;  every  teacher  must  have,  2788. 

CERTIFICATE  OR  DIPLOMA,  granted  upon  examination,  2629;  given  to  graduates, 
2630;  certificate  given  to  primary  teachers,  2630;  how  long  valid,  2631;  revoca- 
tion of,  2631;  fee  for,  2631;  registration  of,  2632. 

CHAIRMAN,  superintendent  public  instruction  president  board  educational  exam- 
iners, 2628;  superintendent  public  instruction  president  board  trustees  normal 
school,  2675;  county  superintendent  president  board  trustees  county  high 
school,  2728;  president  of  board  acts  as,  of  annual  meeting  of  district,  2746; 
voters  select,  of  subdistrict  meeting,  2751;  president  of  board  acts  as,  at  all 
meetings  of  board,  2759;  temporary,  appointed  when  regular  officer  is  absent, 
2772;  county  superintendent  is,  of  county  board  of  education,  2833. 

CHANGE  OF  BOUNDARIES,  see  Boundaries. 

CHARTS,  may  be  purchased  with  contingent  fund,  2783. 

CHILD,  see  Scholar. 

CITY  AND  TOWN  DISTRICTS,  see  Independent  School  District. 

CIVIL  TOWNSHIP,  each  a  school  township,  2744;  meetings  of  board  may  be  held  at 
any  place  in  same,  2757;  when  formed  constitutes  a  school  township,  2790; 
lines  of,  shall  not  prevent  attachment  of  territory,  2791;  boundaries  of  rural 
independent  school  districts  in  same,  may  be  changed,  2793;  rural  independ- 
ent school  districts  of,  may  be  united  into  a  school  township,  2800. 

CLAIMS,  for  traveling  expenses  superintendent  public  instruction,  2627;  for 
expenses  board  educational  examiners,  2634;  for  traveling  expenses  treasurer 
normal  school,  2681;  for  trustees  county  high  school,  2731;  for  compensation 
county  superintendent,  filed  with  county  auditor,  2742;  for  expenses  incurred, 
kept  by  secretary,  2761;  audited  and  allowed  by  board,  2780;  when  changes  of 
boundaries  are  made,  2802;  for  damages  when  site  is  condemned,  2815. 

CLERK  OF  ELECTION,  secretary  acts  as,  of  annual  meeting,  2746;  for  subdistrict 
meeting,  chosen  by  voters,  2751;  appointed  in  each  precinct  of  districts  of 
5, 000  or  over,  divided  into  precincts,  2756;  shall  record  result  of  votes  at  annual 
meeting,  2761. 

COMPENSATION,  of  superintendent  public  instruction,  2627;  of  his  deputy,  2627;  of 
board  educational  examiners,  2634;  of  teachers  in  normal  school,  2676;  of  sec- 
retary normal  school,  2681;  of  treasurer  normal  school,  2681;  of  trustees  county 
high  school,  2731;  of  teachers  county  high  school,  2731;  of  county  superintend- 
ent, 2742;  to  be  paid  teachers,  2778;  of  secretary  and  treasurer,  2780;  no  member 
of  board  may  receive,  2780;  not  recovered  by  teacher  for  services  without  cer- 
tificate, 2788;  of  referees,  2815;  to  owner  of  schoolhouse  site  condemned,  2815; 
to  witnesses  in  appeal,  2821;  to  person  keeping  books  and  supplies  for  sale, 
2824. 

CONCURRENT  ACTION,  of  couaty  superintendent  and  board  in  attaching  territory, 
2791;  of  boards  in  restoring  territory,  2792;  of  electors,  county  superintendent, 
and  board,  in  restoring  territory.  2792;  of  boards  in  changing  boundary  lines 
of  independent  districts  in  same  civil  township,  2793;  of  boards  in  detaching 


INDEX.  117 

territory  to  form  an  independent  district,  2798;  of  boards  in  uniting  independ- 
ent districts,  2799;  of  boards  in  agreeing  on  terms  of  attendance,  2803;  of  county 
superintendent  and  board  where  children  attend,  2803. 

CONDEMNATION,  of  land  for  schoolhouse  site  or  public  road,  2815. 

CONDUCTOR  OF  INSTITUTE,  see  Teachers'  Normal  Institute. 

CONSOLIDATION  OF  DISTRICTS,  independent  districts  may  unite,  2799;  rural  inde- 
pendent school  districts  may  unite  into  a  school  township,  2800. 

CONTINGENT  FUND,  see  Funds. 

CONTRACTS,  trustees  normal  school  may  make,  with  board  of  directors,  2678;  by 
trustees  county  high  school,  2731;  voters  may  authorize.  2749;  president  must 
sign,  2759;  by  board  with  other  districts  for  instruction  of  children,  2774;  for 
transportation  to  and  from  school,  2774:  directed  by  voters,  must  be  made  by 
board,  2778;  with  teachers,  must  be  in  writing,  2778;  with  teacher,  filed  with 
secretary,  2778;  to  build  at  a  cost  exceeding  $300  must  be  made  by  adver- 
tisement, 2779;  to  build  shall  be  let  to  lowest  bidder,  2779;  director  of  subdis- 
trict  may  make,  for  purposes  mentioned,  2785;  when  made  by  director  of  sub- 
district,  must  be  approved  by  president  and  reported  to  board,  2785;  between 
boards  regarding  attendance,  2803;  for  adoption  of  text-books,  2824;  for  text- 
books by  board  of  directors  or  county  board  of  education,  2830. 

CONVENTION,  suparintandent  public  instruction  may  call,  of  county  superintend- 
ents, 2622;  county  superintendent  receives  expenses  for  attendance  at,  2742. 

CORPORATE  NAME,  of  school  districts,  2744. 

CORPORATION,  see  School  District. 

COSTS,  of  making  referees'  assessment,  paid  by  school  district,  2815;  in  appeal, 
taxed  to  party  responsible  for  appeal,  2821;  of  prosecution  when  school  officer 
acts  as  agent  or  dealer  in  text-books,  2834. 

COUNSEL,  may  be  employed  by  board,  2759. 

COUNTY,  failing  to  make  report,  county  superintendent  shall  forfeit  $50  to  school 
fund  of,  2741;  action  against  county  superintendent  for  failure  to  make  report 
brought  by,  2741;  township  or  county  lines  not  a  bar  to  attaching  territory, 
2791;  territory  set  off  to  another,  may  be  restored,  2792;  attendance  from 
adjoining,  may  be  allowed,  2803;  provisions  relating  to  payment  of  school  bonds 
same  as  for  county  bonds,  2812;  uniformity  of  text-books  in,  2832. 

COUNTY  ATTORNEY,  shall  assist  county  superintendent  in  enforcing  laws,  2740; 
shall  bring  action  upon  request  of  county  superintendent,  2740. 

COUNTY  AUDITOR,  county  superintendent  files  statement  with,  of  time  employed, 
2742;  records  plat  of  changes  in  subdistrict  boundaries,  2801;  deducts  amount 
of  tuition  from  apportionment,  2803;  makes  semi-annual  apportionment,  2808; 
notifies  president  of  apportionment,  2808;  certifies  qualification  of  county 
superintendent,  2809;  forwards  certificate  interest  on  school  fund  to  auditor  of 
state,  2809:  is  member  county  board  of  education,  2831;  is  secretary  county 
board  of  education,  2833. 

COUNTY  HIGH  SCHOOL,  any  county  may  establish,  2728;  board  of  supervisors  sub- 
mits question  of  establishing,  2728;  votes  for  and  against  canvassed,  L'728; 
board  of  supervisors  appoints  trustees,  2728;  county  superintendent  member 
of  board  and  president,  2728;  when  and  how  trustees  are  elected,  2729;  vacan- 
cies in  board  filled  by  appointment  of  board  of  supervisors,  2729;  oath  and 
bond  of  trustees,  2729;  terms  of  office  of  trustees,  2729;  secretary  and  treasurer 
of,  appointed  from  board,  2729;  treasurer  gives  bond  as  such,  2729;  board  selects 
site,  2730;  makes  estimate  of  funds  needed,  2730;  presents  estimate  to  board  of 
supervisors,  2730;  tax  not  to  exceed  two  mills  and  five  mills,  2730;  tax  levied 
and  collected,  2730;  tax  paid  to  treasurer  of,  2730;  board  makes  purchases  and 
contracts  for,  2731;  employs  teachers,  2731;  provides  for  payment  of  salaries, 
2731;  annual  report  of,  made  to  board  of  supervisors,  2731;  annual  report  of, 
printed  in  at  least  one  newspaper  in  county,  2731;  copy  forwarded  to  superin- 
tendent public  instruction,  2731;  compensation  of  trustees,  2731:  rules  and 


1 18  INDEX. 

regulations  made,  2732;  refractory  students  may  be  expelled,  2732;  tuition  in, 
free  to  residents  of  county,  2733;  apportionment  of  students,  2733;  students 
from  other  counties  may  be  admitted,  2733. 

COUNTY  SUPERINTENDENT,  shall  distribute  school  laws,  2624;  member  board 
trustees  county  high  school,  2728;  president  board  trustees  county  high 
school,  2728;  may  be  of  either  sex,  2734;  shall  hold  certificate  or  diploma,  2734; 
ineligible  as  school  director  or  member  board  supervisors,  2734;  may  appoint 
deputy,  who  cannot  visit  schools  or  try  appeals,  2734;  shall  comply  with  direc- 
tions from  superintendent  public  instruction,  2735;  shall  transmit  communica- 
tions, 2735;  may  visit  schools,  2735;  shall  visit  any  school,  when,  2735;  shall 
examine  for  teacher's  certificate,  2735;  may  hold  special  examinations,  2735; 
shall  keep  record  of  examinations,  2736;  may  issue  certificates,  2737;  shall 
revoke  a  certificate,  2737;  shall  hold  normal  institute,  2738;  shall  require  reg- 
istration fee,  2738;  shall  require  fee  from  every  applicant  for  certificate,  2738; 
shall  transmit  all-  moneys  to  county  treasurer,  2738;  shall  draw  no  order  on 
institute  fund  except  for  bills  approved,  2738;  shall  report  annually  to  super- 
intendent public  instruction,  2739;  shall  file  enumeration  with  county  auditor, 
2739;  shall  report  to  institutions,  2739;  shall  enforce  school  laws,  2740;  may 
require  assistance  of  county  attorney,  2740;  shall  forfeit  $50  for  failure  to  make 
report,  2741;  shall  receive  compensation,  2742;  shall  receive  expenses  for 
attendance  at  convention  of  county  superintendents,  2742;  shall  file  statement 
of  time  employed,  2742;  notified  by  secretary  when  each  school  begins,  2765; 
receives  annual  report  from  secretary,  2765;  receives  report  of  officers  of  dis- 
trict, 2766;  receives  annual  report  from  treasurer,  2769;  may  release  board 
from  obligation  to  have  school  taught,  2773;  may  grant  kindergarten  certifi- 
cate, 2777;  approves  plans  for  schoolhouse,  2779;  shall  call  attention  of  board 
to  neglect  to  protect  shade  trees,  2787;  gives  notice  of  first  meeting  in  new 
school  township,  2790;  shall  attach  territory  to  another  district,  2791;  shall 
concur  in  restoration  of  territory,  2792;  may  concur  in  attendance,  2803;  cer- 
tificate of  qualification  of,  made  by  county  auditor,  2809;  appoints  referees  to 
condemn  schoolhouse  site,  2815;  gives  notice  to  owner  of  land,  2815;  receives 
affidavit  of  appeal,  2818;  notifies  secretary  to  file  transcript,  2819;  notifies 
interested  parties  of  hearing,  2819;  hears  testimony  and  decides  appeal,  2819; 
appeal  from  decision  of,  2820;  has  power  to  issue  subpoenas,  2821;  files  tran- 
script of  costs  of  appeal  with  clerk  of  court,  2821;  may  be  consulted  in  adop- 
tion of  text-books,  2828;  is  custodian  of  samples  of  text-books,  2830;  member 
county  board  of  education,  2831;  receives  petitions  for  county  uniformity. 
2831;  is  chairman  county  board  of  education,  2833;  reports  list  of  books,  with 
contract  prices,  2833;  may  not  act  as  agent  or  dealer  in  text-books  or  supplies, 
2834. 

COUNTY  TREASURER,  pays  over  tax  to  county  high  school,  2730;  receives  insti- 
tute fund  from  county  superintendent,  2738;  records  changes  in  subdistrict 
boundaries,  2801;  pays  apportionment  due,  2808;  gives  notice  quarterly  of 
taxes  collected,  2810;  pays  taxes  to  district  treasurer,  2810;  keeps  taxes  for 
schoolhouse  purposes  separate,  in  each  subdistrict,  if  necessary,  2810;  amount 
found  by  referees  deposited  with,  2815. 

COURSE  OF  STUDY,  shall  be  prescribed  by  board,  2772;  in  graded  or  union  schools, 
must  be  approved  by  superintendent  public  instruction,  2776. 

DEAF  AND  DUMB,  number  of,  of  school  age,  reported  to  superintendent  school 
for  the  deaf,  2739;  of  school  age,  reported  to  county  superintendent  by  secre- 
tary, 2769. 

DECISIONS,  in  appeal  by  superintendent  public  instruction,  2623:  important, 
included  in  volume  of  school  laws,  2624;  of  board  may  be  appealed  from,  2818; 
of  county  superintendent  final  unless  appealed  from.  281U:  of  s-upcrintendent 
public  instruction  final,  2820. 


INDEX.  HC 

DEPOSITORIES,  arranged  for  by  county  board  of  education,  2832. 

DEPUTY,  of  superintendent  public  instruction,  2621;  of  county  superintendent. 
2734. 

DIPLOMA,  see  Certificate  or  Diploma. 

DIRECTOR,  term  of,  -2745;  may  be  of  either  sex,  2748;  number  in  independent  dis- 
tricts, 2754;  tie  vote  for,  publicly  determined  by  lot,  2754;  annual  and  special 
meetings  of  board,  2757;  qualifies  on  or  before  third  Monday  in  March,  2758: 
shall  take  oath,  2758;  any  member  may  administer  official  oath  to,  2758;  holds 
until  successor  is  qualified,  2758;  vacancy  filled  by  appointment,  2758;  sur- 
renders office  to  successor,  2770;  in  school  township  may  be  instructed  by 
board  to  make  certain  contracts,  L.785;  penalty  for  wilful  failure  or  neglect  o1 
duty,  2822. 

DIRECTOR,  of  subdistrict,  chosen  for  one  year,  2745;  may  be  of  either  sex,  2748: 
gives  notice  of  subdistrict  meeting,  2751;  elected  in  subdistricts,  2751;  number 
in  school  townships,  2752;  may  be  authorized  by  board  to  make  contracts  for 
fuel  and  in  like  matters,  2785;  shall  prepare  annually  list  of  children  in  sub- 
district  of  school  age,  2785;  shall  report  list  to  secretary  of  school  township, 
2785;  may  have  industrial  exposition  held,  2786;  elected  for  new  subdistrict, 
2801. 

DISMISSAL,  of  teacher,  2782;  of  scholar,  2782. 

DISTRIBUTION,  of  cloth  bound  school  laws,  2624;  of  paper  bound  school  laws,  2624. 

DISTRICT,  see  School  District. 

DISTRICT  COURT,  appeal  may  be  taken  to,  from  assessment  made  by  referees,  2815; 
transcript  of  costs  in  appeal  filed  by  county  superintendent  in  office  of  clerk 
of,  2821. 

DISTRICT  TREASURER,  see  Treasurer. 

DIVISION,  into  election  precincts  in  districts  of  5,000  or  over,  2755;  into  wards  for 
attendance,  2773;  of  independent  districts  to  form  two  or  more,  2798;  of  school 
township  into  subdistricts,  2801;  of  assets  and  liabilities,  2802. 

DWELLING,  see  Residence. 

EDUCATIONAL  EXAMINERS,  see  Board  of  educational  examiners. 

EDUCATIONAL  JOURNAL,  superintendent  public  instruction  may  subscribe  for, 
2624. 

ELECTION,  to  vote  upon  establishment  of  county  high  school,  2728;  to  choose 
trustees  for  county  high  school,  2729;  in  all  districts,  2746;  qualifications  to 
vote  at,  2747;  of  director  of  subdistrict,  2751;  in  independent  districts,  2754;  of 
treasurer  by  voters,  in  independent  school  districts,  2754;  precincts  in  dis- 
tricts of  5,000  or  over,  2755;  of  officers  of  board,  2757;  notice  of,  2763;  to  fill 
vacancies  among  officers  or  members  of  board,  2771;  to  form  independent 
school  district,  2794;  to  choose  board  for  new  district,  2795;  to  form  rural  inde- 
pendent school  districts,  2797;  to  subdivide  independent  district,  2798;  to  unite 
independent  districts,  2799;  to  unite  rural  independent  school  districts  into  a 
school  township,  2800;  when  changes  in  boundaries  are  made,  boards  continue 
to  act  until  next,  2802;  to  .vote  bonds,  2812;  to  change  or  displace  text-books, 
2829;  to  vote  on  county  uniformity,  2831;  to  vote  on  free  text-books,  2836. 

ELECTION  PRECINCTS,  in  districts  of  5,000  or  over,  2755;  register  of  voters  in, 
2755;  conduct  of  elections  in,  2756. 

ELECTORS,  see  Voters. 

ELIGIBILITY  FOR  OFFICE,  one  appointed  member  board  educational  examiners 
must  be  a  woman,  2628;  county  superintendent  must  hold  first  class  certificate 
or  state  certificate  or  diploma,  2734;  county  superintendent  may  be  of  either 
sex,  2734;  county  superintendent  may  not  be  a  school  director  or  member 
board  of  supervisors,  2734;  officer  or  member  of  board  may  be  of  either  sex, 
and  must  be  a  citizen  and  resident,  2748;  if  a  man,  must  be  a  qualified  voter, 
2748;  secretary  and  treasurer  must  be  chosen  outside  the  board,  2757;  no 


120  INDEX. 

teacher  or  other  employe  of  board  eligible  as  secretary  in  any  independent 
district,  2757. 

EMPLOYE,  no  teacher  or  other,  of  the  board  eligible  as  secretary  in  any  inde- 
pendent district,  2757. 

ENGLISH  LANGUAGE,  all  instruction  shall  be  given  in,  2749. . 

ENUMERATION,  reported  to  auditor  of  state,  2625;  register  of,  kept  by  secretary. 
2764;  reported  to  county  superintendent,  2765;  list  of,  prepared  by  director  of 
subdistrict,  2785. 

EXAMINATION,  for  state  certificate  or  diploma,  2629;  for  county  certificates,  2735; 
record  of,  2736;  in  additional  branches,  2737;  fee  for,  2738;  upon  kindergarten 
principles  and  methods,  2777. 

EXAMINERS,  see  Board  of  Educational  Examiners. 

EXPENSES,  traveling,  of  superintendent  public  instruction,  2627;  necessary,  of 
member  board  educational  examiners  shall  be  paid,  2634;  of  person  appointed 
to  assist  in  conducting  examination,  2634;  actual  traveling,  of  treasurer  nor- 
mal school  to  be  paid,  2681;  for  counsel  in  suits,  2759;  account  of,  incurred  by 
district,  kept  by  secretary,  2761;  statement  of,  made  to  board  by  treasurer, 
2769;  full  statement  of,  made  by  board  to  annual  meeting,  2780;  statement  of, 
in  independent  school  districts  published,  2781;  estimate  of,  for  following  year 
published  in  detail,  2781;  for  tuition  when  scholars  attend  by  concurrence  of 
county  superintendent  and  board,  2803;  average  proportion  of  contingent, 
2803;  when  schoolhouse  site  is  condemned,  2815;  as  costs  of  appeal,  2821. 

EXPOSITION,  see  Industrial  Exposition. 

EXPULSION  OF  SCHOLAR,  by  majority  vote  of  the  board,  2782. 

FAMILIES,  list  of  heads  of,  prepared  by  director  of  subdistrict,  2805. 

FEE,  for  state  certificate,  2631;  for  state  diploma,  2631;  if  applicant  fails  one-half 
of,  returned,  2631;  paid  into  state  treasury,  2631;  contingent,  at  normal  school, 
2676;  tuition,  at  normal  school,  2676;  tuition,  at  county  high  school,  2733;  reg- 
istration, at  institute,  2738;  of  every  applicant  for  a  certificate,  2738;  addi- 
tional, for  two  years'  certificate,  2738;  transmitted  to  county  treasurer,  2738; 
tuition,  for  attendance  in  another  district,  2774;  for  transportation  of  children, 
2774;  tuition,  for  attendance,  2803;  of  witnesses  in  appeal,  2821. 

FEEBLE  MINDED,  county  superintendent  reports,  to  institution  for,  2739. 

FENCES,  may  be  provided  for  schoolhouse  sites,  2773;  barbed  wire  shall  not  be  used 
for,  of  schoolhouse  grounds,  2817. 

FIDELITY  COMPANIES,  see  Surety  Companies. 

FINANCIAL  STATEMENT,  made  by  treasurer  to  board,  2769;  made  by  board  to 
voters,  2780;  published  in  each  independent  school  district,  2781. 

FINES,  see  Penalty. 

FORFEIT,  of  county  superintendent  for  failure  to  make  report,  2741;  upon  breach 
of  bond  of  secretary  or  treasurer,  2760;  of  compensation  of  teacher  for  serv- 
ices rendered  without  certificate,  2788;  for  violating  provisions  regarding 
use  of  barbed  wire,  2817;  for  wilful  violation  of  law,  or  for  wilful  failure  or 
refusal  to  perform  duty,  2822;  for  neglect  or  refusal  of  contractor  to  furnish 
text-books  at  lowest  price,  2J?27. 

FORMATION  OF  INDEPENDENT  DISTRICT,  including  a  city,  town,  or  village,  2794; 
from  subdistricts  of  school  township,  2797;  by  subdividing  independent  dis- 
trict, 2798;  by  uniting  independent  districts,  2799. 

FORMS,  see  Index  to  the  Forms,  page  111. 

FUEL,  bought  with  contingent  fund,  2768;  director  of  subdistrict  may  contract 
for,  under  direction  of  the  board,  2785. 

FUNDS,  secretary  keeps  separate  account  with  each  fund,  2761;  secretary  certifies 
amounts  required  for  contingent  and  teachers'  fund,  2767;  secretary  certifies 
schoolhouse  tax  voted  by  voters,  2767;  schoolhouse,  contingent,  and  teachers' 
defined,  2768;  separate  account  kept  with  each,  by  treasurer,  2768:  order  must 


INDEX.  121 

specify  fund  and  object,  2708;  annual  report  of  treasurer  must  show  separate, 
2769;  insurance  paid  with  contingent,  2783;  library  books  and  apparatus  bought 
with  contingent,  2783;  free  text-books  provided  from  contingent,  2783;  teach- 
ers' and  contingent,  estimated  by  board,  280G;  amount  for  contingent,  not  to 
exceed  $5  per  scholar,  2806;  amount  for  teachers'  fund  not  more  than  $15  per 
scholar,  2806;  $75  for  each  school  may  be  levied  for  contingent  fund,  2806;  $270 
for  each  school  may  be  levied  for  teachers'  fund,  2806;  interest  on  permanent, 
apportioned,  2808. 

GARDEN,  may  not  ba  taken  by  condemnation  for  schoolhouse  site,  2814. 

GOVERNOR,  records  in  office  superintendent  public  instruction  open  to  inspection 
of,  2621;  report  to,  made  biennially  by  superintendent  public  instruction,  2625; 
two  members  educational  board  examiners  appointed  by,  2628;  report  to,  made 
by  board  trustees  normal  school,  2680. 

GRADED  OR  UNION  SCHOOLS,  may  be  established  by  any  board,  2776;  course  of 
study  in,  must  be  approved  by  superintendent  public  instruction,  2776. 

GUARDIAN,  name  of  parent  or,  registered  by  secretary,  2764;  school  taxes  paid  by, 
in  an  independent  district  may  be  deducted  from  tuition  of  ward,  2804;  ward 
may  not  be  required  to  read  bible  contrary  to  wishes  of,  2805. 

HIGHWAYS,  voters  may  authorize  board  to  obtain,  2749;  voters  may  vote  school- 
house  tax  for  opening,  2749;  special  meeting  of  district  may  vote  schoolhouse 
tax  to  procure,  2750;  schoolhouse  site  taken  by  condemnation  must  be  on  a 
public  highway,  2814. 

IMPROVEMENTS,  value  of,  repaid  by  owner  when  site  reverts,  2816;  tax  to  pay 
money  borrowed  for,  in  an  independent  school  district,  must  be  levied,  2813. 

INCUMBENT,  treasurer  holds  until  successor  is  elected  and  qualified,  27 54;  term  of, 
treasurer  in  independent  school  districts,  expires  on  third  Monday  in  March, 
1898,  2754;  director  holds  until  successor  is  elected  and  qualified,  2758. 

INDEBTEDNESS,  in  division  of  assets  and  liabilities,  2802;  judgment,  shall  be  paid, 
2811;  bonds  to  pay  judgment,  may  be  issued,  2812;  bonds  may  be  issued  by 
board  to  refund,  2812;  tax  to  pay  bonds  or  interest  due,  2813;  original,  shall 
not  be  incurred  by  issuance  of  bonds,  until  voters  have  so  authorized,  2823; 
may  not  be  contracted  to  purchase  books  and  supplies  to  be  resold,  2825. 

INDEPENDENT  SCHOOL  DISTRICT,  corporate  name,  2744;  board  of,  2745;  number 
of  directors  in,  2754;  treasurer  of,  elected  by  voters,  2754;  in  independent  dis- 
tricts below  5,000,  polls  open  at  1  P.  M.  and  remain  open  not  less  than  five 
hours,  2754;  of  5,000  and  over,  may  be  divided  into  election  precincts, 2755;of  5,000 
and  over,  divided  into  election  precincts,  polls  shall  be  open  from  9  o'clock  A.  M. 
until  7  o'clock  P.  M.,  2756;  no  teacher  or  other  employe  of,  eligible  as  secretary, 
2757;  higher  schools  in,  2776;  board  may  establish  kindergarten  departments 
in,  2777;  board  of,  must  publish  financial  statement,  2781;  water-closets  in, 
2784;  change  of  boundaries  in  same  civil  township,  2793;  formation  of,  2794; 
organization  of,  2795;  subdivision  of,  2798;  uniting  of,  2799;  may  borrow  money 
by  issuing  bonds,  2812;  tax  to  pay  bonds  or  interest  due,  2813;  not  under  county 
uniformity,  2835;  schools  in,  may  adopt  and  buy  same  books  adopted  by  county 
board  of  education,  2835. 

INDEX  TO  FORMS,  page  111. 

INDORSEMENT,  of  unpaid  orders  by  treasurer,  2768. 

INDUSTRIAL  EXPOSITION,  board  may  provide  for  in  each  school,  2786;  director  of 
subdistrict  may  provide  for,  2786;  of  what  consists,  2V86;kind  and  plan  of  arti- 
cle exhibited  at,  explained,  2786;  parents  and  friends  invited  to  be  present  at, 
2786;  ornamental  work  encouraged,  2786;  held  in  the  school  room  not  oftener 
than  once  a  month,  2786. 

INSTITUTE  FUND,  see  Teachers'  Normal  Institute. 

INSTITUTES,  see  Teachers'  Normal  Institute. 

INSURANCE,  contingent  fund  may  be  used  to  pay,  2783. 


122  INDEX. 

[NTEREST,  provision  should  be  made  for  interest  of  bonds,  2TG7;  six  per  cent  on 
unpaid  orders  after  indorsement,  2768;  of  permanent  school  fund  a  part  of  the 
apportionment,  2808;  on  bonds  may  not  exceed  six  per  cent,  2812;  tax  to  pay 
interest  due  on  bonds  must  be  levied,  2813;  may  not  be  taken  upon  purchase 
price  when  schoolhouse  site  reverts,  2816. 

JOINT  DISTRICTS,  on  account  of  natural  obstacles,  2791;  restoration  of  portion  of, 
to  district  in  which  it  geographically  belongs,  2"i92. 

JUDGES  OF  ELECTION,  at  annual  meeting,  who  are,  2746;  if  absent,  voters  present 
appoint,  2746;  shall  issue  certificates  to  directors  elected,  2746;  vote  canvassed 
by,  2751;  tie  vote  publicly  determined  by  lot,  2754;  in  districts  of  over  5,COO, 
divided  into  election  precincts,  board  acts  as  judges,  2756;  to  organize  inde- 
pendent school  district,  2794. 

JUDGMENT,  against  a  district  paid  from  proper  fund,  2811;  if  not  paid,  voters  vote 
schoolhouse  tax  to  pay,  2811;  if  unpaid  and  no  tax  is  voted,  board  shall  certify 
to  board  of  supervisors  amount  required  to  pay,  2811;  bonds  may  be  issued  to 
pay,  2812;  county  or  state  superintendent  may  not  give  for  money,  2820;  county 
superintendent  shall  tax  all  costs  to  party  responsible  for  appeal,  2821;  clerk 
of  court  shall  enter,  for  costs  of  appeal,  2821. 

JURISDICTION,  each  district  has  exclusive,  over  all  its  territory,  2743;  powers 
granted  by  law  apply  alike  to  all  districts,  unless  otherwise  stated,  2823. 

KINDERGARTEN,  in  any  independent  school  district,  2777;  teacher  in  must  hold 
kindergarten  certificate  from  county  superintendent,  2777. 

LAND,  for  schoolhouse  site  or  highway,  may  be  taken  by  condemnation,  2814. 

LANGUAGE,  teacher  may  have  special  certificate  for,  2736;  voters  may  determine 
that  a  foreign  language  shall  be  taught  as  a  branch,  2749;  schools  must  be 
taught  in  English,  2749. 

LEVY  OF  TAXES,  see  Taxes. 

LIABILITIES,  see  Assets  and  Liabilities 

LIBRARY,  tax  to  procure,  may  be  voted  by  annual  meeting,  2749;  number  of  vol- 
umes in,  reported,  2765;  books  for,  furnished  with  contingent  fund,  2783. 

LIMIT,  annual  meeting  may  vote  not  exceeding  ten  mills  for  schoolhouse  fund, 
2749;  subdistrict  may  vote  additional  schoolhouse  taxes,  but  not  to  exceed 
fifteen  mills  in  all,  2753;  not  to  exceed  $25  annually  for  each  schoolroom  may 
be  used  to  purchase  dictionaries,  library  booksj  maps,  charts,  and  appa- 
ratus, 2783;  of  taxes,  2806;  of  county  school  tax,  2807;  in  paying  judgment 
indebtedness,  only  funds  available  for  that  purpose  may  be  used,  2811:  of  time 
that  bonds  are  to  run,  shall  not  be  more  than  ten  years,  2812;  of  tax  to  pay 
principal  or  interest  due,  shall  not  exceed  five  mills,  2813;  real  estate  taken 
for  schoolhouse  site  not  to  exceed  one  acre,  2814;  contingent  fund  certified  to 
purchase  books  and  supplies  to  be  resold,  shall  not  exceed  $1.50  for  each 
person  of  school  age,  2825. 

MAJORITY  VOTE,  not  required  to  elect  director  of  subdistrict,  2751;  majority  of 
board  a  quorum,  2771;  of  board  required  to  discharge  teacher,  2782;  of  board 
required  to  expel  scholar,  2782;  of  votes  cast  in  each  subdistrict,  necessary  to 
change  subdistricts  of  school  township  into  rural  independent  school  districts, 
2797;  of  voters  in  each  proposed  district  required  when  one  district  in  subdi- 
vision of  independent  district  contains  less  than  two  sections,  2798;  of  votes 
cast  in  each  district  necessary  to  unite  independent  districts,  2799;  of  votes 
cast  in  civil  township  divided  into  rural  independent  school  districts,  makes 
each  rural  independent  school  district  a  subdistrict  of  a  new  school  town- 
ship, 2800;  of  all  members  of  board  necessary  to  change  subdistrict  bound- 
aries, 2801;  of  annual  meeting  necessary  to  authorize  board  to  change  or 
displace  text-books  before  expiration  of  contract,  2829;  necessary  to  adopt 
county  uniformity,  2832;  necessary  to  authorize  free-text  books,  2837 . 

MAPS,  may  be  purchased  with  contingent  fund,  2783. 


INDEX.  J.23 

MEETINGS  OF  DIRECTORS,  regular,  when  held,  2757;  special,  how  called,  2757; 
where  held,  2757;  to  elect  officers,  2757;  to  estimate  school  taxes,  2806. 

MEMBER  OF  BOARD,  see  Board  of  Directors. 

MISDEMEANOR,  in  case  of  failure  of  county  superintendent  to  make  report,  2741; 
in  case  of  breach  of  bond  of  secretary  or  treasurer,  2760;  in  case  of  violation 
of  provisions  regarding  barbed  wire,  2817;  in  case  of  wilful  failure  or  refusal 
to  perform  duty,  2822;  in  case  school  director,  teacher,  or  member  county 
board  of  education  acts  as  agent  or  dealer  in  text-books,  2834. 

MONEY,  see  Funds. 

NAME,  of  school  district,  2744. 

NARCOTICS,  see  Alcoholic  Drinks. 

NEGLECT  OF  DUTY,  in  case  of  breach  of  bond  of  secretary  or  treasurer,  president 
brings  action,  2760;  board  shall  require  performance  of  duty,  2772;  teacher 
may  be  discharged  for,  2782;  penalty  for  use  of  barbed  wire  near  schoolhouse 
grounds,  28 1 7;  penalty  for  wilfully  failing  or  refusing  to  perform  duty,  2822; 
suit  on  bond  of  publisher  to  be  brought,  if  books  are  not  furnished  at  very 
lowest  price,  2827;  director,  officer,  teacher,  or  member  county  board  of  edu- 
cation, may  not  act  as  agent  or  dealer  in  text-books  or  supplies,  2834. 

NEWSPAPER,  notice  of  annual  meeting  in  election  precinct  published  for  two 
weeks  in,  2755;  bids  must  be  invited  by  advertisement  in,  for  four  weeks 
before  contract  to  build  may  be  made  for  more  than  $300,  2799;  financial  state- 
ment of  independent  school  district  published  in,  two  weeks  before  annual 
meeting,-  2781;  before  purchasing  text-books,  board  of  directors  or  county 
board  of  education  must  publish  notice  in,  for  three  weeks,  2828. 

NONRESIDENTS,  board  may  contract  for  attendance  in  another  district,  2774;  may 
attend  in  another  district  b .  agreement  of  boards,  2803;  may  attend  in  another 
district  by  concurrence  of  county  superintendent  and  board,  2803;  may  attend 
on  such  terms  as  the  board  may  determine,  2804. 

NONUSER  OF  SITE,  for  two-years,  causes  site  to  revert,  2816. 

NORMAL  INSTITUTES,  see  Teachers'  Normal  Institute. 

NORMAL  SCHOOL,  location  and  object,  2675;  controlled  by  board  of  trustees,  2675; 
officers  of  board,  2675;  treasurer  of,  to  give  bond,  2675;  board  of,  employs 
teachers,  2676;  session  of,  must  continue  at  least  26  weeks,  2676;  effects  of 
alcoholic  stimulants  must  be  taught  in,  2677;  biennial  report  of,  made  to 
governor,  2680;  compensation  of  officers  of,  2681. 

NOTICE,  of  appointment  of  institute,  2622;  of  election  to  establish  county  high 
school,  2728;  to  teacher,  of  charges,  2737;  of  annual  meeting,  2746;  for  submit- 
ting proposition  to  voters.  2749:  of  special  meeting  of  voters,  2750;  of  subdis- 
trict  meeting,  2751;  of  special  subdistrict  ineeting,  2753;  in  each  election  pre- 
cinct, 2755;  of  special  meeting  of  board,  2757;  given  by  secretary  of  all  meetings 
of  voters,  2763;  of  what  notice  consists,  2763;  of  receipts  and  disbursements  in 
independent  school  districts,  2781;  to  teacher,  before  trial,  2782;  of  first  meet- 
ing in  new  school  township,  2790;  for  formation  of  independent  school  district, 
2794;  to  elect  a  board  of  directors,  2795;  to  vote  upon  changing  to  rural  inde- 
pendent school  districts,  2797;  for  subdivision  of  independent  districts,  2798; 
for  uniting  independent  districts,  2799;  for  uniting  rural  independent  school 
districts  into  a  school  township,  2800;  of  concurrent  consent  for  attendance, 
2803;  to  president  of  apportionment  due,  2808;  to  president  of  taxes  due,  2810; 
of  meeting  to  vote  bonds,  2812;  to  owner  of  bonds,  2812;  to  owner  of  schoolhouse 
site  condemned,  2815;  of  appeal  from  assessment,  2815;  to  secretary  to  file  tran- 
script, 2319;  of  hearing  of  appeal,  2819:  of  appeal  ;o  state  superintendent,  2820; 
to  accept  bids  for  text-books,  2828;  of  election  on  county  uniformity,  2831;  of 
voting  upon  free  text-books,  2836. 

OATH,  any  member  of  the  board  may  administer  oath  of  qualification  to  a  member 
olect,  and  to  the  president,  2758:  of  what  oath  consists,  2758;  of  secretary  and 
treasurer,  2760;  of  referees  to  condemn  schoolhouse  site,  2815. 


124  INDEX. 

OFFICE,  see  Qualification  for  Office. 

OFFICIAL  BONDS,  see  Bonds. 

OPINIONS,  superintendent  public  instruction  shall  render,  regarding  the  school 
law,  2623. 

ORCHARD,  not  to  be  taken  by  condemnation  for  schoolhouse  site,  2814. 

ORDERS,  secretary  shall  draw,  2762;  secretary  shall  countersign,  2762;  secretary 
shall  keep  register  of,  2762;  secretary  shall  furnish  register  of,  to  board,  2762; 
treasurer  shall  register,  2768;  treasurer  shall  pay,  2768;  must  state  fund  on 
which  it  is  drawn,  2768;  part  payment  of,  may  be  made,  2768;  unpaid  to  draw 
interest  after  indorsement,  2768;  shall  not  be  drawn  until  claim  has  been 
audited,  2780;  to  pay  judgment,  2811. 

ORGANIZATION,  of  annual  meeting,  2746;  of  subdistrict  meeting,  2751;  of  board  of 
directors,  2757;  of  new  school  township,  2790;  of  independent  school  district, 
2795;  on  or  before  first  day  of  August,  2796;  of  rural  independent  school  dis- 
tricts from  subdistricts  of  school  township,  2797;  of  independent  district  out  of 
territory  detached  from  other  independent  districts,  2798;  of  independent  dis- 
trict by  uniting  other  independent  districts,  2799;  of  school  township  from 
rural  independent  school  districts  of  civil  township,  2800;  of  new  subdistrict, 
280 1 ;  of  county  board  of  education,  2833. 

OWNER,  in  certain  cases,  may  object  to  site  nearer  than  forty  rods  from  his  resi- 
dence, 2814;  refusing  or  neglecting  to  give  site  or  road  thereto,  land  may  be- 
taken by  condemnation,  2815;  secures  premises  when  site  reverts,  2816. 

PARENT,  name  of,  registered  by  secretary,  2764;  list  of  heads  of  familes  kept  by 
director  of  subdistrict,  2785;  school  taxes  paid  by,  in  any  independent  dis- 
trict, may  be  deducted  from  tuition  of  nonresident  child,  2804;  child  may  not 
be  required  to  read  bible  contrary  to  wishes  of,  2805. 

PARK,  may  not  be  taken  by  condemnation  for  schoolhouse  site,  2814. 

PENALTY,  of  county  superintendent  for  failure  to  make  report,  2741;  board  fixes, 
in  bond  of  secretary  and  treasurer,  2760;  for  failure  or  refusal  to  perform 
duty,  2822;  shall  be  applied  to  use  of  schools,  2822. 

PETITION,  for  formation  of  independent  school  district,  2794;  to  form  rural  inde- 
pendent school  districts  from  subdistricts  of  school  township,  2797;  for  unit- 
ing independent  districts,  2799;  to  unite  rural  independent  school  districts  into 
a  school  township,  2800;  for  county  uniformity  of  text-books,  2831. 

PHYSIOLOGY  AND  HYGIENE,  with  reference  to  effects  of  stimulants,  must  be 
taught  in  normal  school,  2677;  usual  examination  for  teacher  must  include, 
2736;  certificate  of  teacher  failing  or  neglecting  to  teach,  shall  be  revoked, 
2737;  county  superintendent  must  report  extent  to  which  requirements  of  the 
law  are  observed,  2739;  county  superintendent  may  require  assistance  of 
county  attorney  to  enforce  law,  2740;  must  be  taught  in  all  schools,  2775;  must 
be  studied  by  every  scholar,  2775;  study  of  subject  must  be  completed  in  that 
class,  before  scholar  is  advanced,  2775. 

PLACE,  superintendent  public  instruction  determines,  of  teachers'  normal 
'  institute,  2622;  board  of  educational  examiners  meets  at  such,  as  president 
may  direct,  2629;  petition  for  establishment  of  county  high  school  must  name, 
2728;  site  for  county  high  school  must  be  selected  at  place  named  in  the  peti- 
tion, 2730;  county  superintendent  must  hold  examination  at  county  seat  on 
last  Friday  and  Saturday  of  each  month,  2735;  of  annual  meeting  given  in 
notice,  2746;  of  subdistrict  meeting  given  in  notice,  1751;  meetings  of  board 
held  any  place  within  same  civil  township,  2757;  notice  of  special  meeting 
of  board  must  specify,  2757;  secretary  shall  post  notice  of  meetings  in  at  least, 
five  public  places,  2763;  notice  shall  be  posted  at  or  near  last  place  of  meeting  ? 
2763;  each  notice  shall  state  place  of  meeting,  2763;  persons  notified  of,  where 
appeal  will  be  heard,  2819. 


INDEX.  125 

PLAT,  of  subiistricts  shall  bs  made  by  secretary,  2S01;  written  description  of, 
shall  be  recorded  in  records  of  school  township,  2801;  copy  of,  shall  be  deliv- 
ered to  county  treasurer  and  auditor,  2801;  shall  be  recorded,  2801. 

POISONS,  sse  Alchoholic  Drinks. 

POLL  BOOK,  must  be  provided  for  each  precinct  in  districts  having  5,000  or  over, 
divided  into  election  precincts,  2756;  secretary  shall  keep  full  record  in,  2761. 

POLLS,  at  elections  in  all  districts  except  those  of  5,000  or  more,  shall  open  at  ] 
P  M.,  2754;  at  subdistrict  election,  shall  remain  open  not  less  than  two  hours. 
2754;  in  independent  school  districts  below  5  000,  must  remain  open  not  less 
than  five  hours,  2754;  in  rural  independent  school  districts  and  school  town- 
ships, must  remain  open  not  less  than  two  hours,  2754;  in  districts  of  5,000  or 
over  having  election  precincts,  shall  be  kept  open  from  9  A.  M.  until  7  P.  M.,  2756. 

POPULATION,  in  districts  including  cities  of  the  first  class  or  cities  under  special 
charter,  board  consists  of  seven  members,  2754;  in  all  other  independent  school 
districts,  board  consists  of  five  members,  2754;  districts  of  5,000  or  over  may  be 
divided  into  election  precincts,  2755;  any  city,  town,  or  village,  of  over  IOC 
may  become  the  basis  of  an  independent  school  district,  2794. 

POSTAGE,  for  use  of  county  superintendent,  2742;  in  appeal,  must  be  paid  by  party 
aggrieved,  2820. 

POSTING  OP  NOTICES,  see  Notice. 

PRECINCTS,  see  Election  Precincts. 

PRESIDENT,  acts  as  judge  of  election,  2746;  elected  from  board  by  ballot,  2757;  may 
call  special  meeting  of  board,  2757;  any  member  may  administer  oath  of  qual- 
ification to,  2758;  vacancy  in  office  of,  filled  by  appointment,  2758;  duties  of, 
2759;  signs  all  contracts,  2759;  presides  at  meetings  of  board,  2759;  signs  drafts 
on  county  treasurer,  2759;  appears  for  district  in  suits,  2759;  bonds  of  secretary 
and  treasurer  filed  with,  2760;  brings  action  on  breach  of  bond,  2760;  tempo- 
rary, appointed,  2772;  signs  contract  with  teacher,  2778;  approves  contract 
made  by  director  of  'subdistrict  and  reports  same  to  board,  2785;  certifies 
account  for  tuition  to  county  auditor,  2803;  receives  notice  of  apportionment, 
2808;  draws  draft  on  county  treasurer,  2810;  signs  district  bonds,  2812. 

PROPERTY,  schoolhouse  or  other,  may  be  disposed  of  by  annual  meeting,  2749; 
may  be  disposed  of  by  special  meeting,  when  schoolhouse  is  destroyed,  2750: 
value  of,  reported  by  secretary,  2765;  rules  for  care  of,  made  by  board,  2772; 
schoolhouse,  may  be  fenced  by  board,  2773;  may  be  insured,  2783:  when  school- 
house  tax  is  levied  on  subdistrict,  county  treasurer  shall  keep  amount  sepa- 
rate, 2810;  tax  on  property  of  district  shall  be  levied  by  board  of  supervisors 
to  pay  judgment  indebtedness,  2811;  tax  to  pay  bonds  shall  not  exceed  five 
mills  upon  the  dollar,  2813. 

PROPOSITIONS  SUBMITTED,  to  establish  county  high  school,  2728;  notice  of  annual 
meeting  given  by  secretary  shall  name  propositions  directed  by  the  board  to 
be  submitted,  2746;  board  may  give  notice  in  call  for  annual  meeting  that  cer- 
tain propositions  named  will  be  submitted,  2749;  on  written  request  of  voters, 
board  must  give  notice  that  proposition  will  be  submitted,  2749;  notice  of  sub- 
district  meeting  shall  name  amount  of  schoolhouse  tax  to  be  voted  for.  2751; 
for  special  schoolhouse  tax  by  subdistrict,  2753;  in  each  precinct  of  districts 
having  5,000  or  o<ver  divided  into  election  precincts,  2755;  votes  for  and  against 
each,  to  be  recorded  by  secretary,  2761;  to  change  or  displace  text-books 
before  expiration  of  contract,  2829;  to  vote  on  county  uniformity,  2831;  to  vote 
on  free  text-books,  2836. 

PROPOSALS  TO  BUILD,  to  exceed  $300,  invited  by  advertisement,  2779. 

PUBLICATION,  see  Newspaper. 

PUPIL,  see  Scholar. 

QUALIFICATION  FOR  OFFICE,  of  deputy  superintendent  public  instruction,  2621; 
of  secretary  and  treasurer  normal  school,  2675;  of  trustees  county  high  school, 
2729;  of  secretary  and  treasurer  county  high  school,  2729;  by  director.  2758; 


126  INDEX. 

by  president  of  board,  2758;  time  of,  fo.r  secretary  and  treasurer,  ten  days, 
£760;  by  member  or  officer  appointed,  2771;  by  directors  of  new  independent 
school  district,  2795. 

QUALIFICATION  OF  SURETIES,  see  Sureties. 

QUESTIONS  TO  BE  VOTED  ON,  see  Propositions  Submitted. 

QUORUM,  majority  of  board  shall  constitute,  2771. 

RATE  OF  TAXATION,  see  Taxes. 

RECEIPTS  AND  EXPENDITURES,  statement  of,  made  to  annual  meeting,  2780;  in 
city  or  town  districts,  published  two  weeks  before  annual  meeting-,  2781. 

RECORD,  by  superintendent  public  instruction,  2621;  by  board  educational  exam- 
iners, 2633;  by  board  trustees  normal  school,  2680;  by  board  trustees  county 
high  school,  2729;  of  examination  of  teachers,  2736;  of  result  of  voting  in  dis- 
tricts of  5,000  or  over,  divided  into  election  precincts,  2755;  of  vote  for  officers 
of  board,  made  by  secretary,  2757;  secretary  keeps  complete,  2761;  secretary 
makes  full  record  of  votes  at  annual  meeting,  2761;  secretary  prepares  regis- 
ter of  persons  of  school  age,  2764;  treasurer  keeps  account  of  receipts  and 
expenditures,  2768;  of  enumeration  made  by  director  of  subdistrict,  2785:  daily 
register  kept  by  teacher,  2789;  proper  record  made  on  plat  of  district  when 
territory  is  attached,  2791;  changes  in  subdistrict  boundaries,  shall  be  shown 
on  plat  of  school  township,  2801;  of  changes  in  subdistrict  boundaries  shall  be 
made  by  county  treasurer  and  auditor,  2801;  of  persons  to  whom  bonds  are 
sold,  kept  by  treasurer,  2812;  of  report  of  referees,  2815;  transcript  of,  in 
appeal,  certified  by  secretary,  2819;  of  costs  of  appeal  filed  with  clerk  of  dis- 
trict court,  2821;  of  proceedings  county  board  education  kept  in  office  of 
county  superintendent,  2833. 

REFEREES,  to  assess  damages  when  site  is  condemned,  2815;  oath  of,  2815;  shall 
report  in  writing,  2815;  report  of,  filed  and  preserved  in  office  of  county  super- 
intendent, 2815;  either  party  may  appeal  from  assessment  by,  2815;  cost  of 
assessment  by,  paid  by  school  district,  2815. 

REGISTER,  of  voters  in  districts  of  5,000  or  over,  divided  into  election  precincts, 
furnished  and  revised,  2755;  by  secretary,  of  persons  of  school  age,  2764: 
teacher  must  keep,  2789;  files  copy  with  secretary,  2789;  of  bonds  in  office  of 
county  auditor,  2812;  of  persons  to  whom  bonds  are  sold,  2812. 

REGISTRATION  OF  VOTERS,  see  Register. 

REPORTS,  from  county  superintendents  preserved,  2621;  from  superintendent  pub- 
lic instruction,  2625;  of  enumeration  by  superintendent  public  instruction  to 
auditor  of  state,  2625;  from  board  educational  examiners,  2633;  from  board 
'  trustees  normal  school,  2680;  from  board  trustees  county  high  school,  2731: 
from  county  superintendent  annually,  2739;  of  blind,  deaf  and  di.mb.  and  fee- 
ble minded,  by  county  superintendent,  2739;  copies  of,  preserved  by  secretary. 
2761;  secretary  to  make  annually,  2765;  name  and  postoffice  of  officers  reported 
to  county  superintendent  and  treasurer,  2766;  treasurer  to  make  annually. 
2769;  director  of  subdistrict  to  make  to  secretary,  2785;  teacher  shall  file  with 
county  superintendent  such  reports  as  he  may  require,  2789;  of  interest  on 
permanent  school  fund,  2809. 

RESIDENCE,  of  students  in  normal  school,  2676;  of  students  in  county  high  school, 
2733;  of  voter  at  school  meeting,  2747;  of  officer  or  member  of  board,  2748;  of 
person  between  5  and  21  entitles  him  to  school  privileges,  2773;  scholars  from 
another  district  may  attend,  2803;  scholars  not  having  residence  in  district, 
may  be  admitted,  2804;  schoolhouse  may  not  be  located  by  condemnation  nearer 
than  forty  rods  of,  if  owner  objects,  2814. 

REVERSION,  of  schoolhouse  site  to  owner,  2816. 

REVOCATION,  of  teacher's  certificate,  2731. 

RIGHT  TO  VOTE,  see  Voters. 

ROADS,  see  Highways. 


INDEX. 

,  provided  for  examination  at  county  seat,  2735;  nay  be  rented  and  teacbei 
employed  for  ten  or  more  children,  2774;  kindergarten,  may  be  established  in 
independent  school  districts,  2777;  $25  annually  of  contingent  fund  may  be 
used  for  each,  to  purchase  library  books  and  apparatus,  2783;  tuition  and  con- 
tingent expenses  based  upon  room  in  which  child  attends,  2803. 

RULES  AND  REGULATIONS,  board  trustees  normal  school  shall  make,  2676;  prin- 
cipal county  high  school  shall  make,  2732;  board  directors  shall  make  for  its 
own  government,  2772;  for  officers  and  others,  2772;  for  care  of  schoolhouse  and 
other  property,  2772;  board  shall  aid  teachers  in  enforcing,  2782:  board  may 
expel  scholar  for  violation  of,  2782;  for  government  of  director  of  subdistrict? 
2785;  for  sale  of  books  and  supplies,  2824;  of  county  board  of  education,  2832: 
to  govern  use  of  free  text-books,  2837. 

RURAL  INDEPENDENT  SCHOOL  DISTRICT,  corporate  name,  2744;  annual  meeting. 
2746;  number  of  directors,  2754;  polls  open  at  1  P.  M.  and  remain  open  not  less 
than  two  hours,  2754;  no  teacher  or  other  employe  eligible  as  secretary,  2757: 
change  of  boundaries  in  same  civil  township,  2793;  formation  of,  2797;  subdi- 
vision of,  2798;  uniting  of,  2799;  erection  into  a  school  township,  2800. 

S  \LARIES,  see  Compensation. 

SALE  OF  PROPERTY,  may  be  directed  by  voters,  2749;  when  house  is  destroyed, 
2750. 

SCHOLAR,  register  of  all  of  school  age  kept  by  secretary,  2764;  report  of  number 
enrolled  and  average  attendance,  2765;  report  for  deaf  and  dumb,  blind,  and 
feeble  minded,  2765;  board  shall  make  rules  for  government  of,  2772;  school- 
house  located  for  convenience  of,  2773;  board  determines  particular  school 
each  shall  attend,  2773;  must  attend  school  designated  by  board,  2773;  an 
actual  resident  shall  be  allowed  to  attend  free  of  tuition,  2773;  additional 
school  may  be  provided  for  any  ten  or  more,  2774;  instruction  of,  may  be  pro- 
vided for  in  another  district,  2774;  board  may  pay  transportation  of,  2774; 
must  receive  instruction  in  effects  of  stimulants,  2775;  board  may  expel,  2782; 
teacher  may  dismiss,  2782;  may  be  readmitted,  2782;  books  may  be  loaned  to, 
2783;  indigent,  may  be  supplied  with  school  books,  2783,  enumeration  of,  by 
director  of  subdistrict,  2785;  shall  be  required  to  explain  kind  and  plan  of 
articles  exhibited  at  industrial  exposition,  2786;  teacher's  register  of,  must 
be  kept,  2789;  may  attend  in  another  district,  2803;  school  age  of,  2804;  non- 
resident may  attend,  2804;  shall  not  be  required  to  read  bible,  2805:  apportion- 
ment based  on  number  of,  2808;  text-books  loaned  to,  2837;  responsible  for 
damage  to  books,  2837;  shall  be  allowed  to  purchase  books  at  cost,  2837. 

SCHOOL,  may  be  visited  by  county  superintendent,  2735;  must  be  visited,  when 
requested  by  board,  2735;  voters  may  instruct  that  added  branches  shall  be 
taught  in,  2749;  secretary  notifies  county  superintendent  when  each  begins, 
2765;  secretary  reports  to  county  superintendent  for  each,  2765;  board  pre- 
scribes course  of  study  for,  2772;  board  determines  number  of,  2773;  deter- 
mines particular  school  each  child  shall  attend,  2773;  designates  period  each 
shall  be  held,  2773;  shall  be  free  of  tuition  to  all  residents,  2773;  shall  con- 
tinue at  least  twenty-four  weeks  in  each  school  year,  2773;  county  superin- 
tendent may  excuse  board  from  maintaining,  2773;  shall  not  be  in  session 
during  teachers'  institute  except  by  permission,  2773;  extra  school  for  ten  or 
more  children,  2774;  board  may  secure  advantages  of  attendance  in  another 
district,  2774;  board  may  pay  transportation  of  children  to  and  from,  2774; 
effects  of  stimulants  must  be  taught  in,  2775;  graded  or  union  may  be  estab- 
lished, 2776;  person  to  have  general  supervision  of,  may  be  selected,  2776; 
kindergarten  department  may  be  established  in  any  independent  school  dis- 
trict, 2777;  board  shall  provide  for  visiting,  2782;  scholar  expelled  from,  2782; 
scholar  dismissed  by  teacher,  2782;  library  books  and  apparatus  for  each,  2783; 
board  shall  provide  water-closets  for,  2784;  director  of  subdistrict  cares  for 


128  INDEX. 

schools,  2785;  industrial  exposition  in.  2780;  teacher  of,  must  hold  valid  cre- 
dential, 2788;  teacher  keeps  register  of,  2789:  files  register  of,  2789;  attend- 
ance in  another  district,  2803;  age  for  attendance,  2804;  attendance  of  non- 
residents, 2804;  bible  not  excluded  from,  2805;  taxes  for  support  of,  2806; 
county  tax  for,  2807;  semi-annual  apportionment  for,  2808;  in  cities  or  towns, 
exempted  from  county  uniformity,  2835;  free  text-books  for,  2837. 

SCHOOL,  BOARD,  see  Board  of  Directors. 

SCHOOL  BONDS,  see  Bonds. 

SCHOOL  BOOKS,  see  Text-books. 

SCHOOL  DIRECTORS,  see  Board  of  Directors. 

SCHOOL  DISTRICT,  each  existing  continues,  2743;  may  sue  and  be  sued,  2743;  has 
exclusive  jurisdiction  over  territory  in,  2743;  every,  a  body  corporate,  274:5; 
name  of,  2744;  board  of,  2745;  annual  meeting  of,  2746;  right  to  vote  in,  2747; 
qualifications  for  officer  of,  2748:  powers  of  voters,  2749;  special  meeting  of 
voters,  2750;  meetings  of  directors,  2757;  election  of  officers,  2757;  qualifica- 
tion of  directors,  2758;  vacancies  in  office  filled  by  appointment,  2758;  duties  of 
president,  2759;  suit  to  be  brought  in  name  of,  2759;  bonds  of  secretary  and 
treasurer,  2760;  duties  of  secretary,  2761-2767;  duties  of  treasurer,  2768-2769; 
quorum  of  board,  2771;  vacancies  in  officers  or  members  filled  by  ballot,  2771; 
schoolhouse  site  for,  2773;  division  of,  for  school  purposes,  2773;  may  maintain 
higher  schools,  2776;  all  contracts  in,  made  by  board,  2778;  compensation  of 
secretary  and  treasurer,  2780;  claims  against,  audited  by  board,  2780;  may 
have  territory  attached,  2791;  territory  restored,  2792;  when  boundaries  are 
changed,  boards  continue  to  act,  2802;  assets  and  liabilities  divided,  2802; 
arbitrators  may  be  appointed,  2802;  either  party  may  appeal  to  district  court, 
2802;  attendance  from  another  district,  2803;  taxes  for  school  purposes  esti- 
mated, 2806;  levy  of  taxes,  2807;  apportionment  to,  by  county  auditor,  2808; 
taxes  paid  to,  2810;  judgment  paid  by,  2811;  tax  to  pay  bonds  or  interest  due, 
2813;  may  take  schoolhouse  site  by  condemnation,  2814;  may  not  use  barbed 
wire,  2817;  provisions  of  law  apply  alike  to  every,  unless  otherwise  stated, 
2823;  may  adopt  text-books  if  county  uniformity  is  not  in  force,  2824;  may  pro- 
vide free  text-books,  2836;  may  discontinue  loaning  text-books,  2837. 

SCHOOL  ELECTIONS,  see  Election. 

SCHOOL  GROUNDS,  see  Schoolhouse  Site. 

SCHOOLHOUSE,  voters  may  sell  or  otherwise  dispose  of,  2749;  voters  may  direct 
use  of,  2749;  voters  may  provide  roads  to,  2749;  voters  may  direct  that,  shall 
be  used  for  meetings  of  public  interest.  2749;  voters  at  annual  meeting  may 
vote  tax  to  build,  2749;  voters  of  district  vote  tax  to  build,  at  special  meeting, 
2750;  voters  of  subdistrict  vote  tax  to  build,  2753;  notice  of  district  meetings 
shall  be  posted  at  the  door  of  each,  2763;  board  has  care  of.  2772;  site  fixed  by 
board,  2773;  site  fenced  by  board,  2773;  plans  for,  must  be  approved  by  county 
superintendent,  2779;  when  built  or  repaired  to  extent  of  over  $300,  must  be 
by  advertisement,  2779;  may  be  insured,  2783:  water-closets  for,  must  be  pro- 
vided, 2784;  board  may  authorize  director  of  subdistrict  to  look  after,  2785; 
may  not  be  inclosed  with  barbed  wire.  2817;  location  of,  when  site  is  con- 
demned, 2814. 

SCHOOLHOUSE  FUND,  see  Funds. 

SCHOOLHOUSE  SITE,  fixed  by  board,  2773;  fenced  by  board,  2773;  shade  trees  on, 
2787;  in  incorporated  town,  may  include  an  entire  block,  2814;  taken  by  con- 
demnation must  be  on  public  highway,  2814-2815;  reversion  to  owner,  2816: 
may  not  be  fenced  with  barbed  wire,  2817. 

SCHOOL  LAWS,  publication  of,  2624;  in  cloth,  how  distributed,  2624;  in  paper  cov- 
ers, how  distributed,  2624;  to  be  delivered  to  successor,  2624;  amendments  to, 
published,  2624;  amendments  to,  distributed,  2624;  volume  of,  surrendered  to 
successor,  2770. 


INDEX.  129 

SCHOOL  MONTH,  is  of  four  school  weeks  of  five  days  each,  2778. 

SCHOOL,  OFFICER,  see  title  of  officer. 

SCHOOL,  ORDERS,  see  Orders. 

SCHOOL,  TAXES,  see  Taxes. 

SCHOOL,  TEACHERS,  see  Teachers. 

SCHOOL,  TOWNSHIP,  corporate  name,  2744;  board  of,  2745;  annual  meeting,  2746; 
number  of  directors,  2752;  polls  must  open  at  1  P.  M.  and  remain  open  not  less 
than  two  hours,  2754;  duties  of  director  in  subdistrict  of,  2785;  newly  formed, 
2790;  formed  from  rural  independent  school  districts,  2800;  divided  into  sub- 
districts,  2801;  apportionment  of  schoolhouse  tax  among  subdistricts  of,  2806. 

SCHOOL,  WARRANTS,  see  Orders. 

SCHOOL  WEEK,  is  of  five  school  days,  2773;  compensation  of  teacher  may  be  agreed 
to  for,  2778. 

SCHOOL  YEAR,  see  Year. 

SECRETARY,  board  trustees  normal  school  elected,  2675;  compensation  of,  2681;  of 
board  trustees  county  high  school,  2729;  of  subdistrict  meeting,  2751;  of  county 
board  of  education,  2833. 

SECRETARY,  acts  as  judge  of  annual  election,  2746;  if  no  subdirector,  gives 
notice  of  subdistrict  meeting,  2751;  certifies  special  schoolhouse  tax,  2753; 
chosen  outside  of  board,  2757;  elected  by  ballot,  2757;  records  vote,  2757; 
in  independent  districts  no  teacher  or  other  employe  of  board  eligible  as, 
2757;  appears  in  suits  when  president  is  a  party,  2759;  gives  bond,  2760;  takes 
oath,  2760;  qualifies  within  ten  days,  2760;  files  copies  of  reports  and  papers, 
2761;  keeps  a  complete  record,  2761;  keeps  a  separate  account  of  each  fund, 
2761;  keeps  an  accurate  account  of  all  expenses,  2761;  presents  account  of 
expenses  to  board  to  be  audited,  2761;  keeps  record  of  votes  at  annual  meet- 
ing, 2761;  countersigns  warrants  and  drafts,  2762;  draws  orders,  2762;  keeps 
register  of  orders,  2762;  furnishes  board  copy  register  of  orders,  2762;  gives 
notice  of  all  meetings,  2763;  prepares  register  persons  of  school  age,  2764; 
reports  each  school  to  county  superintendent,  2765;  files  report  annually  with 
county  superintendent,  2765;  reports  name  and  postoffice  of  officers,  2766;  cer- 
tifies taxes,  2767;  vacancy  in  office  of,  filled  by  board,  2771;  temporary, 
appointed,  2772;  files  contract  of  teacher,  2778;  compensation  of,  fixed  by  board, 
2780;  records  list  of  enumeration  made  by  director  of  subdistrict,  2785;  records 
order  attaching  territory,  2791;  gives  notice  of  election  to  unite  rural  inde- 
pendent school  districts  into  a  school  township,  2800;  delivers  copy  of  descrip- 
tion of  subdistricts  to  county  treasurer  and  auditor,  2801:  countersigns  bonds, 
2812;  files  transcript  of  record  in  appeal,  2819. 

SEMI-ANNUAL  APPORTIONMENT,  number  persons  for,  reported  to  auditor  of  state, 
2625;  number  persons  for,  filed  with  county  auditor,  2739;  taken  into  account 
in  estimating  teachers'  fund,  2806;  made  by  county  auditor.  2808. 

SEX,  see  Women. 

SHADE  TREES,  see  Trees. 

SITES,  see  Schoolhouse  Site. 

SPECIAL  MEETING,  of  any  district  when  schoolhouse  is  destroyed,  2750;  of  subdis- 
trict, 2753;  of  board,  2757;  notice  of,  2757;  may  be  called  by  president,  2757; 
may  be  called  by  written  request  of  a  majority  of  the  board,  2757;  form  of 
notice  for,  2763;  to  organize  new  township,  2790;  to  form  independent  school 
district,  2794;  to  organize  rural  independent  school  districts,  2797;  to  subdi- 
vide independent  district,  2798;  to  unite  independent  districts,  2799:  to  unite 
rural  independent  school  districts  into  a  school  township,  2800;  of  board  to 
change  subdistrict  boundaries,  2801;  to  estimate  school  taxes,  2S06;  to  vote 
bonds,  2812. 

STATE  AUDITOR,  see  Auditor  of  State. 

STATE  CERTIFICATE,  see  Certificate  and  Diploma. 
9 


130  INDEX. 

STATEMENT,  of  time  engaged  in  performance  of  duties,  made  by  county  superin- 
tendent, 2742;  rendered  by  treasurer  to  board  at  any  time,  2769;  of  receipts  and 
expenditures,  made  to  annual  meeting,  2780;  in  independent  school  districts, 
published  in  newspaper,  2781. 

STATE  TREASURER,  see  Treasurer  of  State. 

STATIONERY,  for  use  of  county  superintendent,  2742. 

STATISTICS,  see  Reports. 

STIMULANTS,  see  Alcoholic  Drinks. 

STUDIES,  see  Course  of  Study. 

SUBDISTRJCT,  a  subdivision  of  a  school  township,  2744;  director  for,  elected  for 
one  year,  2745;  right  to  vote  in,  27 47;  qualifications  for  director  of,  2748;  annual 
meeting  of,  2751;  notice  of  amount  of  schoolhouse  tax  to  be  voted  in,  2751; 
notice  of  annual  meeting  in,  2751;  powers  of  annual  meeting,  2751;  meeting 
:shall  not  organize  earlier  than  9  A.  M.,  nor  adjourn  before  12  M.,  2751;  embrac- 
ing entire  school  township,  2752;  special  meeting  of,  to  vote  schoolhouse  tax, 
2753;  vote  of  schoolhouse  tax  in,  certified  to  secretary  of  school  township,  2753; 
schoolhouse  tax  voted  by,  levied  on  subdistrict,  2753;  director  of,  may  be 
instructed  to  make  certain  contracts,  2785;  director  of,  shall  prepare  list 
children  of  school  age,  2785;  director  of,  shall  report  list  to  secretary,  2785; 
director  of,  may  hold  industrial  exposition,  2786;  may  be  formed  from  rural 
independent  school  districts,  2800;  may  be  created,  2801;  boundaries  of, 
changed  by  vote  of  majority  of  board,  2801;  boundaries  of,  conform  to  con- 
gressional lines,  2801;  plat  of,  to  be  made,  2801;  description  of,  to  be  recorded 
in  records  of  school  township,  2801;  copy  of  description  delivered  to  county 
treasurer  and  auditor,  2801;  changes  in  boundaries  of,  take  effect  first  Monday 
in  March,  2801. 

SUBDTSTRICT  MEETING,  held  annually,  2751;  officers  of,  2751;  special,  to  vote 
schoolhouse  tax,  2753. 

SUBPOENAS,  for  witnesses,  may  be  issued  by  county  superintendent,  2821. 

SUCCESSOR  IN  OFFICE,  all  matters  turned  over  to,  by  superintendent  public 
instruction,  2621;  volume  of  school  laws  to  be  turned  over  to,  2624;  appointed 
member  board  educational  examiners  not  to  succeed  himself,  2628;  director 
holds  until  successor  is  elected  and  qualified,  2758. 

SUFFRAGE,  who  has  right  of,  2747. 

SUIT,  to  recover  penalty  from  county  superintendent,  2741;  any  district  may  sue 
and  be  sued,  2743;  president  appears  for  district  in,  2759;  if  president  is  a 
party  in,  secretary  appears  for  district,  2759;  board  may  employ  counsel  in, 
2759;  brought  against  secretary  or  treasurer  in  case  of  breach  of  bond,  2760; 
for  wilful  failure  or  refusal  to  perform  duty,  2822;  brought  in  name  of  county, 
2822;  on  bond  of  publisher  of  text-books,  2827;  against  school  officer  acting  as 
agent  for  text-books  or  supplies,  2834. 

SUPERINTENDENT  PUBLIC  INSTRUCTION,  shall  have  office  in  capitol,  2621;  may 
appoint  deputy,  2621;  files  papers,  reports,  and  documents.  2622;  keeps  record 
of  things  done,  2622;  turns  office  over  to  successor,  2622;  is  charged  with  gen- 
eral supervision  of  all  county  superintendents  and  the  common  schools,  2622: 
may  meet  county  superintendents  in  convention,  2622;  shall  appoint  teachers' 
institutes,  2622;  shall  attend  teachers'  institutes,  2622;  shall  render  opinions 
on  the  school  law,  2623;  shall  determine  cases  on  appeal  from  county  superin- 
tendents, 2623;  shall  have  school  laws  printed  and  distributed,  2624;  shall  have 
amendments  distributed,  2624;  may  subscribe  for  educational  school  paper, 
2624;  may  furnish  copy  of  paper  to  county  superintendents,  2624;  shall  report 
to  auditor  of  state  number  persons  of  school  age,  2625;  shall  report  biennially 
to  the  governor,  2625;  shall  receive  and  transmit  $50  for  each  institute,  2(>2G; 
salary  of,  2627;  traveling  expenses  of,  2627:  is  president  board  educational 
examiners,  2628;  is  president  board  trustees  normal  school,  2G75;  receives 


INDEX.  131 

reports  from  county  superintendents,  2739;  approves  coursaof  study  for  graded 
or  union  schools,  2776;  receives  certificate  of  qualification  of  county  superin- 
tendent, 2809;  hears  appeal  from  county  superintendent,  2820;  shall  not  render 
a  judgment  for  money,  2820;  receives  report  from  county  superintendent  oJ 
list  of  text-books  adopted,  2833. 

SUPERVISION,  by  superintendent  public  instruction,  2622;  by  county  superintend- 
ent, 2735;  by  board  of  directors,  2772;  by  person  selected  by  board,  2776. 

SURETIES,  of  treasurer  normal  school,  2675;  of  trustees  county  high  school,  2729; 
of  treasurer  county  high  school,  2729;  of  secretary  and  treasurer  of  board, 
2760;  of  contractor  to  build,  2779;  of  person  to  keep  books  and  supplies  for  sale 
for  district,  2824;  of  contractor  to  furnish  books  and  supplies,  2830;  bonds  of 
surety  companies  accepted,  2830. 

SURETY  COMPANIES,  bonds  of,  shall  be  accepted  on  bond  of  contractor  to  furnish 
text-books,  2830. 

SUSPENSION,  see  Expulsion  of  Scholar. 

TAXES,  estimated  by  board  trustees  county  high  school,  2730;  women  may  vote 
upon  question  of,  2747;  voters  may  vote  schoolhouse,  at  annual  meeting,  2749; 
board  may  give  notice  that  proposition  to  vote,  will  be  submitted,  2749;  board 
shall  give  notice  that  proposition  to  vote,  will  be  submitted,  2749;  may  be 
voted  to  replace  schoolhouse  destroyed,  2750;  notice  given  by  director  of  sub- 
district  that  schoolhouse,  will  be  voted,  2751;  voted  at  special  meeting  of  sub- 
district,  2753;  shall  not  exceed  in  all  fifteen  mills  on  the  dollar,  2753;  Certified 
by  secretary  of  subdistrict  meeting,  to  secretary  of  school  township,  2753; 
levied  by  board  of  supervisors  upon  property  of  subdistrict  only,  when,  2753; 
president  signs  drafts  for  taxes  collected,  2759;  secretary  certifies  to  board  of 
supervisors  amount  fixed  for  contingent  and  teachers'  fund,  2767;  secretary 
certifies  schoolhouse  tax  voted  at  regular  or  special  meeting,  2767;  secretary 
certifies  provision  made  for  payment  of  principal  or  interest  of  bonds  due, 
2767;  collected  for  building  schoolhouses,  called  schoolhouse  fund,  2768;  col- 
lected for  expenses  necessary  to  keep  the  schools  in  operation,  the  contingent 
fund,  2768;  collected  for  the  payment  of  teachers,  the  teachers'  fund,  2768; 
board  estimates  and  publishes  amounts  necessary  to  maintain  schools,  2781;  to 
purchase  free  text-books  provided  by  board,  2783;  void  for  school  township 
when  independent  school  district  is  created,  2796;  when  independent  school 
district  is  formed,  board  estimates  and  certifies  all  necessary  taxes,  and  board 
of  supervisors  levies  same,  2798;  for  teachers'  and  contingent  funds,  deter- 
mined by  board  by  third  Monday  in  May,  2806;  limit  of,  for  contingent  fund, 
2806;  for  uniformity  of  text-books,  2806;  limit  of,  for  teachers'  fund,  2806;  on 
territory  in  adjoining  counties,  may  be  estimated  in  mills,  2806;  for  school- 
house  fund,  apportioned  among  subdistricts.  2806;  levy  by  board  of  supervis- 
ors, 2807;  levy  of  schoolhouse  tax  voted  at  special  meeting,  2807;  levy  of  one 
to  three  mills  county  tax,  2807;  apportioned  by  county  auditor,  2808;  presi- 
dent to  be  notified  of  tax  collected,  2808;  president  issues  warrant  in  favor  of 
district  treasurer,  2808;  county  treasurer  gives  notice  of  amount  collected. 
2810;  county  treasurer  pays  to  district  treasurers  quarterly,  2810;  county 
treasurer  keeps  separate  tax  levied  directly  upon  a  subdistrict,  2810;  voters 
vote  tax  to  pay  judgment,  2811;  if  voters  do  not  vote  tax  to  pay  judgment, 
board  certifies  amount  required  to  board  of  supervisors,  who  shall  levy  tax, 
2811:  board  fixes  amount  necessary  to  pay  principal  or  interest,  if  needed, 
2813;  board  certifies  to  board  of  supervisors  not  to  exceed  $1.50  annually  for 
each  person  of  school  age.  on  contingent  fund,  for  text-books  and  supplies  to 
be  resold,  2825. 

TEACHERS,  number  in  the  state  reported,  2625;  state  certificates  and  diplomas  to. 
2629;  state  certificate  to  primary  teachers,  2630;  shall  have  state  certificate  or 
diploma  registered  with  county  superintendent,  2632:  may  attend  normal 


132  INDEX. 

school,  2676;  in  normal  school  reported,  2680;  in  county  high  school  reported, 
2731;  receive  blanks  and  circulars  through  county  superintendents,  2735; 
county  examination  of,  last  Friday  and  Saturday  in  each  month,  2735;  exami- 
nation of,  to  be  public,  2735;  special  examination  of,  2735;  examination  in  the 
usual  subjects,  2736;  examination  in  special  studies,  2736;  shall  not  be  employed 
to  teach  any  study  not  included  in  certificate,  2736;  usual  certificate  not  to 
exceed  term  of  one  year,  2737;  certificate  for  two  years,  2737;  certificate  may 
be  revoked  after  an  investigation,  2737;  when  certificate  shall  be  revoked, 
2737;  normal  institute  held  for,  annually,  2738;  fee  for  registration  at  institute, 
2738;  fee  of  applicant  for  examination,  2738;  number  employed  reported  by 
secretary,  2765;  money  received  for  payment  of,  the  teachers'  fund,  2768;  rules 
and  regulations  for  government  of,  made  by  board,  2772:  must  give  instruction 
in  effects  of  alcoholic  stimulants,  2775;  in  kindergartens  must  hold  kindergar- 
ten certificate  from  county  superintendent,  2777;  elected  by  board  in  all  cases, 
2778;  contracts  with,  what  they  must  contain,  2778;  contracts  with,  signed  by 
president  and  teacher,  2778;  contracts  with,  filed  with  secretary,  2778:  aided 
in  government  of  school  by  board,  2782;  may  by  majority  vote  of  board  be  dis- 
charged, 2782;  before  being  discharged  shall  have  fair  trial,  2782;  may  tem- 
porarily dismiss  a  scholar,  if  empowered  by  board,  2782;  may  readmit  a  scholar, 
if  dismissed  by  teacher,  2782;  may  not  be  employed  unless  having  a  valid  cer- 
tificate of  qualification,  2788;  may  not  be  paid  from  school  funds  for  teaching 
without  a  certificate,  2788;  shall  keep  daily  register,  2789;  shall  keep  separate 
register  for  nonresident  scholars,  2789;  shall  file  copy  of  register  with  secre- 
tary, 2789;  shall  file  reports  with  county  superintendent,  2789;  may  not  act  as 
agent  or  dealer  in  text-books  or  supplies,  2834. 

TEACHER'S  CONTRACT,  see  Contracts. 

TEACHERS'  NORMAL  INSTITUTES,  appointed,  2622:  must  remain  in  session  at  least 
six  days,  2622;  superintendent  public  instruction  shall  attend,  2622;  aided  by 
state  appropriation  of  $50  annually,  2626;  county  superintendent  shall  hold 
annually,  2738;  registration  fee  from  each  person  attending,  2738;  institute 
fund,  2738;  board  of  supervisors  may  appropriate  additional  sum  for,  2738;  dis- 
bursement of  fund  shall  be  only  for  services  rendered  or  expenses  incurred, 
2738 

TERM  OF  OFFICE,  member  board  educational  examiners  appointed  for  four  years, 
2628;  of  member  board  trustees  county  high  school,  2729;  of  member  board  of 
directors.  2745;  of  treasurer  in  independent  school  districts,  2754;  of  president 
of  board,  2757;  of  secretary  and  treasurer,  2757;  of  member  board  of  directors 
appointed,  2758;  director  shall  hold  office  for  the  term  to  which  he  is  elected, 
2758;  and  until  his  successor  is  elected  and  qualified,  2758;  at  end  of,  books 
shall  be  surrendered  to  successor,  2770;  when  independent  school  district  is 
organized,  2795. 

TERRITORY,  each  district  has  exclusive  jurisdiction  over  all,  therein  contained, 
2743;  contained  in  ward  or  other  division  of  district  for  school  purposes,  2773; 
of  new  civil  township  constitutes  a  school  township,  2790;  may  be  attached  to 
adjoining  district,  if  natural  obstacles  intervene,  2791;  restored  to  district 
to  which  it  geographically  belongs,  2792;  change  of  boundary  lines  between 
independent  districts  in  same  civil  township,  2793;  contiguous,  may  be  included 
.  in  independent  school  district  at  formation,  2794;  taxes  void  upon  part  of, 
included  in  independent  school  district,  2796;  may  be  detached  from  inde- 
pendent districts  to  form  new  independent  district,  2798;  in  every  case  of 
transfer  of,  division  of  assets  and  liabilities  must  be  made,  2802;  school  tax  on, 
in  independent  district  where  nonresident  child  attends,  shall  be  deducted 
from  tuition,  2804. 

TESTIMONY,  taken  in  trial  of  an  appeal,  2819;  witnesses  may  be  subpoenaed  to 
give,  in  trial  of  an  appeal,  2821. 


INDEX.  13S 

TEXT-BOOKS,  used  by  county  high  school  reported,  2731;  used  in  district  reported, 
2765;  furnished  to  indigent  children,  2783;  purchased  and  loaned  with  contin- 
gent fund,  2783:  board  of  directors  certifies  sum  authorized  under  district 
uniformity,  2806;  board  of  directors  in  county  -not  having  uniformity  maj 
adopt,  2824;  may  contract  for  and  buy,  2824;  books  and  supplies  to  be  undei 
charge  of  board,  2824:  board  may  select  persons  within  the  county  to  keej 
books  and  supplies  for  sale,  2824;  bond  shall  be  required  of  person  keeping 
books  and  supplies  for  sale,  2824;  paid  for  out  of  the  contingent  fund,  2825: 
am  unt  certified  annually  to  secure,  not  to  exceed  $1.50  for  each  person  oJ 
school  age  in  the  district,  2825;  no  debt  shall  be  contracted  to  purchase,  2825: 
in  purchasing,  books  in  use  must  be  taken  into  consideration,  2826;  board  may 
arrange  for  exchange  of,  282G;  must  be  furnished  at  very  lowest  price,  2827; 
before  purchasing,  notice  for  bids  must  be  given,  2828;  before  accepting  bid. 
competent  persons  may  be  consulted,  2828;  change  in,  not  to  be  made  within 
five  years,  unless  by  vote  of  electors,  2829;  samples  of,  filed  in  office  of  county 
superintendent,  2830;  samples  kept  for  public  inspection,  2830;  bond  taker 
from  contractor,  2830;  bonds  of  surety  companies  to  be  accepted,  2830;  petitions 
for  county  uniformity  of,  2831;  if  county  uniformity  carries,  county  board  o1 
education  contracts  for,  2832;  depositories  for  sale  of,  arranged  for,  2832;  list 
of,  reported  by  county  superintendent  to  state  superintendent,  2833;  school 
officers  not  to  be  agents  for,  2834;  cities  and  towns  exempted  from  county  uni- 
formity, 2835:  cities  and  towns  may  buy  same  books  if  electors  so  decide,  2835; 
question  of  i'ree  text-books  submitted,  2836;  if  voted,  board  shall  procure 
books  to  be  loaned,  2837;  board  shall  adopt  rules  and  regulations  for  preser- 
vation of,  2837;  any  scholar  allowed  to  purchase  at  cost,  2837;  no  free  text- 
books supplied  until  needed,  2837;  loaning  of,  may  be  discontinued,  2837. 

TIE  VOTE,  how  determined,  2754. 

TIME,  of  holding  teachers'  normal  institute  fixed  by  superintendent  public 
instruction,  2622;  that  annual  meeting  will  be  in  session  must  be  stated  in 
notice,  2746;  that  subdistrict  meeting  will  be  held  shall  be  stated  in  notice, 
2751;  that  polls  must  remain  open,  in  different  districts,  2754;  that  special 
meeting  of  board  shall  be  held  must  be  given  in  notice,  2757:  secretary  and 
treasurer  shall  qualify  within  ten  days,  2760:  of  meeting,  stated  in  notice,  2763; 
teacher  must  be  given  reasonable  time  to  make  defense  against  charges.  2782; 
appeal  must  be  taken  within  thirty  days,  2818:  secretary  must  send  transcript 
within  ten  days,  2819;  county  superintendent  notifies  persons  when  appeal 
will  be  heard,  2819:  thirty  days'  notice  of  hearing  appeal  given  by  superin- 
tendent public  instruction,  2820. 

TOWN,  may  become  basis  of  independent  school  district,  2794. 

TOWNSHIP,  see  Civil  Township,  and  School  Township. 

TRANSCRIPT,  secretary  shall  be  notified  by  county  superintendent  to  furnish, 
2819;  secretary  shall  certify  transcript  to  be  correct,  2819;  after  transcript  is 
filed,  county  superintendent  shall  notify  in  writing  where  appeal  will  be  heard, 
2819;  of  costs  in  appeal  filed  in  office  of  clerk  of  court,  2821. 

TRANSFER,  a  surplus  in  the  schoolhouse  fund  may  be  transferred  to  teachers'  or 
contingent  fund  by  annual  meeting,  2749;  of  territory  to  adjoining  district, 
2791;  restoration  of  territory  to  district  in  which  it  geographically  belongs, 
2792;  by  change  of  boundaries  between  independent  districts  in  same  civil 
township,  2793;  assets  and  liabilities  must  be  divided  in  case  of,  2802. 

TRANSPORTATION  OF  CHILDREN,  board  may  arrange  for,  2774. 

TREASURER,  of  normal  school,  2675;  of  county  high  school,  2729. 

TREASURER,  in  certain  districts,  chosen  by  the  electors,  2754;  chosen  outside  the 
board,  2757;  elected  by  ballot,  2757:  gives  bond,  2760;  takes  oath  of  office,  2760; 
has  ten  days  in  which  to  qualify,  2760;  receives  all  moneys,  2768;  pays  out 
moneys,  2768;  keeps  account  of  receipts  and  expenditures,  2768;  registers  all 


134  INDEX. 

orders,  2768;  keeps  separate  account  with  each  fund.  2768;  makes  partial  pay- 
ments, 2768;  indorses  unpaid  orders,  2768;  renders  statement  of  finances, 
2769;  makes  annual  report  to  board,  2769;  files  copy  of  report  with  county 
superintendent,  2769;  vacancy  in  office  of,  filled  by  board,  2771;  compensation 
fixed  by  board,  2780;  draws  money  from  county  treasury,  2808;  receives  taxes 
quarterly,  2810;  receives  bonds  and  is  charged  with  them,  2812;  sells  bonds 
and  applies  proceeds,  2812;  keeps  record  of  persons  to  whom  bonds  are  sold, 
2812. 

TREASURER  OF  STATE,  board  of  educational  examiners  pays  fees  to,  2631. 

TREES,  number  in  thrifty  condition  to  be  reported,  2765;  board  shall  have  twelve 
or  more  growing  on  each  schoolhouse  site,  2787;  i'or  failure  or  neglect  to  pro- 
tect, county  superintendent  shall  call  attention  of  board,  2787;  ground  included 
in  orchard,  may  not  be  taken  for  schoolhouse  site  by  condemnation,  2814. 

TRIAL,  before  state  certificate  or  diploma  may  be  revoked,  2631;  before  certificate 
of  teacher  may  be  revoked  by  county  superintendent,  2737;  before  teacher 
may  be  discharged  by  board,  2782;  of  appeal  to  county  superintendent,  2819; 
of  appeal  to  superintendent  of  public  instruction,  2820. 

TRUSTEES,  see  Board  of  Trustees. 

TUITION,  in  normal  school,  2676;  in  county  high  school,  2733;  average  cost  per 
month  for  each  scholar,  reported  by  secretary,  2765;  every  school  free  of,  to 
actual  residents,  2773:  may  be  paid  by  board  in  another  district,  2774;  boards 
may  agree  upon,  2803;  when  child  attends  by  consent  of  board  and  county 
superintendent,  2803;  for  nonresident  children,  fixed  by  board,  2804;  school 
tax  paid  by  parent  whose  nonresident  child  attends,  may  be  deducted  from, 
in  independent  district,  2804. 

UNIFORMITY  OF  TEXT-BOOKS,  see  Text-books-. 

UNION  SCHOOLS,  see  Graded  Schools. 

UNKNOWN  OWNER,  see  Owner. 

VACANCY  IN  OFFICE,  of  trustee  county  high  school,  how  filled,  2729;  in  board  of 
directors,  filled  by  appointment,  2758;  of  officer  or  member  of  board,  filled  by 
ballot,  2771. 

VILLAGE,  may  become  basis  for  independent  school  district,  2794. 

VISITATION  OF  SCHOOLS,  by  county  superintendent  at  his  discretion,  2735;  by 
county  superintendent  upon  request  of  a  majority  of  the  board,  2735;  provided 
for  by  board,  2782. 

VOTERS,  of  district  hold  annual  meeting,  2746;  who  may  vote,  2747;  powers  of,  at 
annual  meeting,  2749;  powers  of,  at  special  meeting  of  district,  2750;  of  subdis- 
trict,  hold  annual  meeting,  2751:  special  meeting  of  subdistrict,  to  vote  school- 
house  tax,  2753;  register  of,  in  districts  of  5,000  or  over,  divided  into  election 
precincts,  2755;  petition  for  formation  of  independent  school  district,  2794; 
vote  on  formation  of  independent  school  district,  2794;  vote  on  forming  inde- 
pendent districts  from  subdistricts,  2797;  vote  on  subdividing  independent 
district,  2798;  vote  on  uniting  independent  districts,  2799;  vote  on  uniting 
rural  independent  school  districts  into  a  school  township,  2800;  vote  tax  to 
pay  judgment  indebtedness,  2811;  vote  on  issue  of  bonds  to  pay  judgment 
indebtedness,  2812;  in  independent  school  districts,  vote  to  issue  bonds  for 
original  indebtedness,  2812;  authorize  board  to  change  or  displace  text-books, 
2829;  vote  upon  county  uniformity,  2832;  in  cities  and  towns,  authorize  board 
to  adopt  books  used  in  county  uniformity,  2835;  authorize  free  text-books, 
2836;  direct  the  loaning  of  text-books  discontinued,  2»37. 

WARD,  school  tax  paid  by  guardian  of  nonresident,  in  an  independent  district, 
deducted  from  tuition,  2804. 

WARDS,  district  divided  into,  or  other  divisions,  for  school  purposes,  2773. 

WARRANTS,  see  Orders. 


INDEX.  135 

WATER-CLOSETS,  board  shall  give  special  attention  to  matter  of,  2784;  in  inde- 
pendent school  district,  shall  be  separated  by  solid  or  continuous  barrier, 
2784;  approaches  to  outside  doors  of,  separated  by  close  fence,  2784;  must  be 
kept  in  wholesome  condition  and  good  repair,  2784. 

WITNESSES,  may  be  subpoenaed  in  appeal  by  county  superintendent,  2821;-attend- 
ance  of,  may  be  compelled,  2821;  compensation  of,  2821. 

WOMEN,  one  member  board  educational  examiners  must  be  a  woman,  2628;  county 
superintendent  may  be  a  woman,  2734;  right  to  vote  on  taxes  or  issuing  bonds 
not  denied  to  women,  2747;  any  school  officer  or  member  of  board  may  be 
a  woman,  2748;  shall  not  be  prohibited  from  voting  at  elections  at  which  they 
are  entitled  to  vote,  2755. 

WRITTEN  CONTRACT,  see  Contracts. 

YEAR,  usual  certificate  given  for  term  not  to  exceed  one  year,  2737;  certificate 
for  two  years  given,  2737;  for  organization  of  board,  2757;  for  election  of  sec- 
retary and  treasurer  by  board,  2757;  for  enumeration  by  secretary,  2764;  for 
report  of  secretary  to  county  superintendent,  2765;  for  report  of  treasurer  to 
county  superintendent,  2769;  minimum,  for  school  purposes,  2773;  for  school 
purposes  commences  third  Monday  in  March,  2773;  for  financial  statement  to 
be  published,  2781;  for  enumeration,  by  director  of  subdistrict,  2785;  for 
organization  of  school  township,  2790;  for  division  of  school  township  into 
subdistricts,  2801;  for  certifying  of  taxes  regularly  voted,  2806;  for  certifying 
and  levying  of  schoolhouse  tax  voted  at  special  meeting,  2807. 

YOUTH,  see  Enumeration,  and  Scholar. 


DECISIONS 


IN 


Compiled  for  the  Use  of  School  Officers. 


OF"    18QT. 


Superintendent  of  Public  Instruction. 


PREFACE. 


For  this  compilation,  typical  cases  have  been  selected.  As  usual,  decisions 
are  given  entire.  Well-settled  conclusions  are  thus  repeated,  the  case  being* 
included  to  present  some  additional  particular.  Some  cases  may  also  contain 
references  not  in  conformity  with  the  new  law.  The  index  after  the  decisions 
will  be  found  valuable  for  study  and  reference. 

Not  all  actions  may  be  appealed  from.  If  a  money  consideration  is  the  prin- 
cipal issue,  appeal  will  not  lie.  A  matter  involving  the  validity  of  district 
organization  may  be  determined  only  in  the  courts.  If  the  validity,  interpreta- 
tion, or  enforcement  of  a  contract  is  the  leading  feature,  a  court  must  hear  the 
case.  The  right  to  hold  an  office  must  be  decided  in  court.  Appeal  may  not  be 
taken  from  an  action  of  the  voters;  an  application  to  a  court  is  the  legal  remedy. 

Familiarity  with  the  contents  of  this  volume  may  frequently  enable  a  board  tc 
foresee  a  probable  grievance,  and  afford  it  the  opportunity  by  timely  deliberation 
and  wise  action  to  remove  or  lessen  the  possibility  of  an  appeal.  In  the  same 
way,  persons  aggrieved  may  first  satisfy  themselves  whether  the  risks  and  uncer- 
tainties of  an  appeal  seem  to  be  overcome  by  the  strong  probability  that  * 
reversal  of  the  order  of  the  board  will  be  secured.  If  an  appeal  is  brought  with- 
out good  reason  or  if  the  appeal  is  not  sustained,  the  county  superintendent  is 
required  to  tax  the  costs  to  the  appellant. 

The  result  of  an  appeal  is  seldom  satisfactory  to  all  the  parties.  It  is  always 
desirable  to  avoid  an  appeal  if  the  same  conclusions  can  be  reached  by  some  less 
objectionable  method.  A  careful  study  of  the  legal  principles  contained  in  the 
following  decisions  will  supply  a  ready  answer  to  many  questions  likely  to  arise, 
thus  often  entirely  obviating  the  necessity  for  an  appeal. 

/  HENRY  SABIN, 

Superintendent  of  Public  Instruction. 
October  1,  1897. 


TABLE  OF  CASES. 


TABLE   OF   CASES. 


Amsden  v.  Macedonia 71 

Arthur  v.  Fairway 22 

Bacon  v.  Liberty 18 

Badger,  O'Connor  v 40 

Baker  v.  Waukon 32 

Bartlett  v.  Spencer 28 

Belmond,  Thompson  v 60 

Benson  et  al.  v.  Silver  Lake 66 

Boomer,  Remington  v 10 

Boyle,  Grey  v 68,  69 

Brighton,  Woods  v 21 

Brown  v.  Van  Meter 19 

Burrington,  Moody  v 12 

Buzzard  v.  Liberty 23 

Cedar,  Miner  v 8 

Center,  Folsom  v 38,  46 

Center,  Sheaf e  v 54 

Charles  City,  Harwood  v 15 

Clarence,  Tanner  v 52 

Claxton  v.  Holmes 59 

Colburn  v.  Silver  Lake 27 

Cormack  v.  Lincoln 26 

Crawford,  Walker  v 42 

Curry  v.  Franklin 5 

Dallas,  Golf  v 5.5 

Davis  v.  Linn 44 

Davis  v.  Madison 11 

Deck  v  Eden 37 

Des  Moines,  Handersheldt  v 29 

Donald  v.  South  Fork 24 

Donelon  v.  Kniest 49 

Eagle,  Reed  v. . . . 53 

Eden,  Deck  v 37 

Eden,  Kelley  and  Smith  v 48 

Eldon,  Taylor  v 13 

Empire,  Watkins  v 46 

Erin.  Meleney  v 41 

Exira,  Watson  v. .  .  .    14 


Fairway,  Arthur  v 22 

Fallon  v.  Fort  Dodge 67 

Fieldberg,  Sever ied  et  al.  v 61 

Folsom  v.  Center 38,  46 

Forsythe  v.  Kirkville 57 

Fort  Dodge,  Fallon  v 67 

Franklin,  Curry  v 5 

Fremont,  Hook  v 9 

Glen  wood,  Rogness  v 68 

Goff  v.  Dallas 55 

Costing  v.  Lincoln • . . .  18 

Grant,  Odendahl  v 80 

Gregory  v.  McCord 70 

Grey  v.  Boyle 68,  69 

Grove,  McKee  v 72 

Handersheldt  v.  Des  Moines 29 

Hartford,  Ingraham  v 63 

Harwood  v.  Charles  City 15 

Heath  v.  Iowa 74 

Heffern  et  al.  v.  Tipton 51 

Helms  v.  Madrid 78 

Himelick  v.  Pleasant 65 

Hodge  v.  Young 44 

Holmes,  Claxton  v. .' 59 

Hook  v.  Fremont 9 

Hosington  v.  Union . .  34 

Hoskins  v.  Lincoln 50 

Hubbard  v.  Lime  Creek 17 

Ingraham  v.  Hartford 63 

Iowa,  Heath  v 74 

Jackson  v.  Steamboat  Rock 79 

Jacoby  v.  Nodaway 25 

Jasper,  Thompson  v 20 

Johnston  v.  Utica 35,  36 

Kelley  and  Smith  v.  Eden 48 

Ken  worthy  v.  Oskaloosa 64 

Keystone,  Tompkins  v 33 

Kirkville,  Forsvthe  v  .  .   57 


TABLE  OF  CASES. 


Klein  v.  Oskaloosa 75 

Kniest,  Donelon  v 49 

Lester,  Sipple  v 6 

Liberty,  Bacon  v 18 

Liberty,  Buzzard  v 23 

Lime  Creek,  Hubbard  v 17 

Lincoln,  Cormack  v 26 

Lincoln,  Gosting  v. 18 

Lincoln,  Hoskins  v 50 

Lincoln,  Maxwell  v 47 

Linn,  Davis  v 44 

Lodomillo,  Rankin  v 27 

Macedonia,  Amsden  v 71 

Madison,  Davis  v 11 

Madrid.  Helms  v 78 

Marshall  v.  Marshall 32 

Maxwell  v.  Lincoln 47 

McCord,  Gregory  v . .  70 

McKee  v.  Grove 72 

McMillan  v.  Waveland 73 

Meleney  v ,  Erin 41 

Miner  v.  Cedar 8 

Monroe,  Wilson  v 23 

Moody  v.  Burrington 12 

Nodaway,  Jacoby  v 25 

No.  Seven,  Webster  \ 56 

O'Connor  v.  Badger 40 

Odendahl  v.  Grant 80 

Oskaloosa,  Ken  worthy  v 64 

Oskaloosa,  Klein  v 75 

Park  v.  Pleasant  Grove 30 

Peck  v.  Polk 10 

Pleasant,  Himelick  v 65 

Pleasant  Grove,  Park  v 30 

Polk,  Peck  v 10 

Randall  v.  Vienna. .  .  13 


Rankin  v.  Lodomillo 27 

Reed  v.  Eagle 53 

Remington  v.  Boomer 10 

Rogness  v.  Glenwood 68 

Scheppele  v.  Stone  Hill 58 

Severied  et  al.  v.  Fieldberg 61 

Sheafe  v.  Center 54 

Silver  Lake,  Benson  et  al.  v 66 

Silver  Lake,  Colburn  v 27 

Sipple  v.  Lester 6 

South  Fork,  Donald  v 24 

Spencer,  Bartlett  v 28 

Steamboat  Rock,  Jackson  v 79 

Stone  Hill,  Scheppele  v 58 

Tanner  v.  Clarence 52 

Taylor  v.  Eldon 13 

Thompson  v.  Belmond 60 

Thompson  v.  Jasper 20 

Tiptdn,  Heffern  et  al.  v 51 

Tomkins  v.  Keystone 33 

Union,  Hosington  v 34 

Utica,  Johnston  v 35,  36 

Van  Meter,  Brown  v 19 

Vienna,  Randall  v 13 

Walker  v.  Crawford 42 

Watkins  v.  Empire 46 

Watson  v.  Exira 14 

Waukon,  Baker  v 32 

Waveland,  McMillan  v 73 

Webster  v.  No.  Seven 56 

Weldon,  Winget  v 73 

Wilson  v  Monroe 23 

Winget  v.  Weldon 73 

Woods  v.  Brighton 21 

Young,  Hodge  v 44 


SCHOOL  LAW  DECISIONS. 


S.  L.  CURRY  v.  DISTRICT  TOWNSHIP  OF  FRANKLIN. 
Appeal  from  Decatur  County. 

COUNTY  SUPERINTENDENT.    Has  no  jurisdiction  of  an  appeal  until  an  affidavit 

is  filed  in  his  office.     The  appeal  must  be  taken  by  affidavit. 

AFFIDAVIT.     An  affidavit  is  a  statement  in  writing  of  the  errors  complained  of, 

signed  and  made  upon  oath  before  an  authorized  magistrate. 

JURISDICTION.     An  application  for  an  appeal  filed  within  thirty  days  from  the  act 

complained  of  will  not  give  the  county  superintendent  jurisdiction  of  the  case, 

NOTICE.     The  county  superintendent  should  not  issue  notice  of  final  hearing 

until  the  transcript  of  the  district  secretary  has  been  filed. 

TESTIMONY.     Unless  obviously  immaterial,  testimony  offered  should  be  admitted 

and  given  such  weight  as  it  merits. 

DISCRETIONARY  ACTS.    Should  not  be  disturbed  except  upon  evidence  of  unjust 

exercise  of  discretion. 

December  16,  1867,  at  a  special  meeting  of  the  board,  a  vote  to  change  the 
boundaries  of  subdistricts  so  as  to  form  a  new  subdistrict  in  accordance  with  the 
prayer  of  petitioners,  resulted  in  a  tie.  From  this  virtual  refusal  to  act,  S.  L. 
Curry  appealed  to  the  county  superintendent,  who  on  the  31st  of  the  same  month 
formed  a  new  subdistrict.  Appellant  alleges  in  his  affidavit  that  the  county 
superintendent  assumed  jurisdiction  of  this  case  without  warrant  of  law,  that 
there  never  was  "at  any  time  an  affidavit  or  any  other  statement  in  said  appeal 
case  filed  in  the  office"  of  the  superintendent,  hence  the  want  of  jurisdiction. 

The  "act  to  provide  for  appeals,"  section  two,  provides  that  "The  basis  of  pro- 
ceeding shall  be  an  affidavit,  filed  by  the  party  aggrieved,  with  the  county  super- 
intendent, within  the  time  allowed  for  taking  the  appeal."  An  affidavit  is  a 
statement  in  writing,  signed  and  made  upon  oath  before  an  authorized  magis- 
trate. A  county  superintendent  can  have  no  proper  jurisdiction  of  an  appeal  case 
antil  such  affidavit  has  been  filed.  A  notice  of  intention  to  file  an  affidavit,  a 
verbal  complaint,  or  a  petition,  is  not  sufficient  to  give  the  county  superintendent 
jurisdiction  in  appeal  cases.  The  affidavit  setting  forth  "the  errors  complained 
of  in  a  plain  and  concise  manner,"  must  be  in  his  hands  before  he  is  justified  in 
commencing  proceedings.  The  decision  of  the  superintendent  recites  that  the 
affidavit  was  filed  December  21,  which  might  be  taken  as  conclusive,  if  it  was  not 
contradicted  by  the  record.  The  transcript  shows  that  said  affidavit  was  not  sub- 
scribed and  sworn  to  until  December  28,  hence  we  do  not  clearly  see  how  it  could 
have  been  filed  on  the  21st. 

December  24,  four  days  before  the  affidavit  was  made,  and  which  appellant 
alleges  was  never  filed  with  the  superintendent,  said  superintendent  gave  notice 
to  the  parties  that  the  hearing  would  take  place  on  the  30th.  This  proceeding, 
as  an  appeal  case,  was  entirely  unauthorized  by  law,  and  as  he  commenced  pro- 
ceedings in  disregard  of  the  plain  provisions  of  law  and  without  legal  jurisdic- 
tion, his  decision  is  annulled.  It  may  be  said,  and  not  without  authority,  that  as 
both  parties  responded  to  the  notice,  and  came  before  the  superintendent,  that  he 
thereby  acquired  jurisdiction,  but  we  feel  unwilling  to  sanction  disregard  of  law 
by  approving  such  great  irregularities. 


6  SCHOOL  LAW  DECISIONS. 

Without  touching  the  real  merits  of  the  question  at  issue,  the  formation  of  a 
new  subdistrict,  which  we  are  willing  to  leave  to  the  local  authorities,  we  refer 
briefly  to  three  points  of  law  raised  by  appellants. 

The  county  superintendent  should  not  issue  notice  of  final  hearing  until  both 
the  affidavit  and  the  transcript  of  the  secretary  have  been  filed  in  his  office. 

Though  the  change  of  subdistrict  boundaries  by  the  board  is  a  discretionary 
act,  it  may  be  reviewed  by  the  county  superintendent,  on  appeal,  but  the  decision 
of  the  board  should  not  be  disturbed  unless  said  discretionary  power  has  been 
abused  or  exercised  unjustly. 

The  county  superintendent  should  have  received  the  remonstrances  offered 
on  trial  in  evidence,  and  exercised  his  judgment  as  to  their  weight  and  value. 

REVERSED. 
D.  FRANKLIN  WELLS, 

March  26,  1868.  Superintendent  of  Public  Instruction. 


ELIAS  SIPPLE  v.  DISTRICT  TOWNSHIP  OF  LESTER. 
Appeal  from  Black  Hawk  County. 

TESTIMONY.     At  the  hearing  of  an  appeal,  it  is  competent  for  the  county  superin- 
tendent, upon  his  own  motion,  to  call  additional  witnesses  to  give  testimony. 
RECORDS.     In  the  absence  of  the  allegation  of  fraud,  testimony  to  contradict  or 
impeach  the  records  of  the  district  cannot  be  received. 

RECORDS.     The  board  may  at  any  time  amend  the  record  of  the  district,  when 
necessary  to  correct  mistakes  or  supply  omissions.     And  it  may   upon  proper 
showing  be  compelled  by  mandamus  to  make  such  corrections. 
AFFIDAVIT.     The  affidavit  answers  its  leading  purpose  if  it  sets  forth  the  errors 
complained  of  with  such  clearness  that  the  proper  transcript  may  be  secured. 

At  the  regular  meeting  of  the  board  held  September  16,  1867,  attended  by  four 
of  the  seven  members,  motions  were  made  and  seconded  for  the  creation  of  two 
new  subdistricts  whose  boundaries  were  described  in  the  motions.  In  regard  to 
the  action  on  these  motions  the  record  of  the  secretary  contains  merely  the  word 
"carried."  At  a  special  meeting  held  February  15,  1868,  the  action  of  the  board 
in  September  in  relation  to  the  formation  of  new  subdistricts  was  "reconsidered" 
and  "rescinded."  From  the  February  action  Elias  Sipple  appealed  to  the  county 
superintendent.  During  the  progress  of  the  hearing,  which  took  place  March 
20,  1868,  the  county  superintendent  called  upon  one  of  the  four  members  that 
attended  the  September  meeting,  who  testified  that  he  did  not  vote  for  the  motion 
to  create  a  new  subdistrict.  As  it  thus  appeared  that  the  new  subdistricts  were 
not  established  by  a  vote  of  a  majority  of  all  the  members  of  the  board,  as 
required  by  law,  and  as  said  September  action  was  rescinded  at  a  full  meeting  of 
the  board  in  February,  the  county  superintendent,  considering  the  formation  of 
the  subdistricts  illegal  and  void,  dismissed  the  appeal.  From  this  decision 
Barney  Wheeler  appeals. 

Appellant  alleges  substantially  that  the  county  superintendent  erred  as  fol- 
lows: In  himself  calling  a  witness  to  give  testimony;  in  receiving  testimony  to 
impeach  the  district  record,  which  is  claimed  to  be  valid  and  binding  after  thirty 
days;  in  dismissing  the  appeal;  in  not  establishing  the  subdistricts. 

The  law  requires  the  county  superintendent  to  give  a  ' '  just  and  equitable ' ' 
decision,  and  as  the  calling  of  additional  witnesses  may  sometimes  enable  him  to 
discharge  this  duty  more  faithfully,  his  action  in  this  respect  is  sustained. 

The  second  error  assigned  really  includes  two  distinct  points,  which  will  be 
considered  separately;  and  first,  in  regard  to  the  impeachment  of  the  district 
record.  The  law  provides  for  an  annual  meeting  of  the  electors  of  the  district 
township,  and  for  semi-annual  and  special  meetings  of  the  board  of  directors; 
also  that  "the  secretary  shall  record  all  the  proceedings  of  the  board  and  district 
meetings  in  separate  books  kept  for  that  purpose."  It  is  a  general  principle  of 


SCHOOL   LAW   DECISIONS.  7 

law  that  "oral  evidence  cannot  be  substituted  for  any  instrument  which  the  law 
requires  to  be  in  writing,  such  as  records,  public  documents,"  etc.  1  Greenleafs 
Evidence,  §86.  "It  is  a  well  settled  rule  that,  where  the  law  requires  the  evi- 
dence of  a  transaction  to  be  in  writing1,  oral  evidence  cannot  be  substituted  for 
that,  so  long  as  the  writing  exists  and  can  be  produced;  and  this  rule  applies  as 
well  to  the  transactions  of  public  bodies  and  officers  as  to  those  of  individuals. ' ' 
The  People  v.  Zeyst,  23  N.  Y.,  142.  In  the  case  of  Taylor  v.  Henry,  2  Pick.,  397,  the 
supreme  court  of  Massachusetts  held  that  an  omission  in  the  records  of  a  town 
meeting  could  not  be  supplied  by  parol  evidence.  Chief  Justice  Shaw,  in  dis- 
cussing the  case,  said  that  it  would  be  "dangerous  to  admit  such  a  proof."  Mr 
Starkie,  in  his  valuable  treatise  on  evidence,  says:  "  Where  written  instruments 
are  appointed  either  by  the  immediate  authority  of  the  law  or  by  the  compact 
of  the  parties,  to  be  the  permanent  repositories  and  testimony  of  truth,  it  is  a 
matter  both  of  principle  and  of  policy  to  exclude  any  inferior  evidence  from 
being  used  either  as  a  substitute  for  such  .instruments  or  to  contradict  or  alter 
them;  of  principle,  because  such  instruments  are,  in  their  own  nature  and  origin, 
entitled  to  a  much  higher  degree  of  credit  than  that  which  appertains  to  parol 
evidence;  of  policy,  because  it  would  be  attended  with  great  mischief  and  incon- 
venience, if  those  instruments  upon  which  men's  rights  depend  were  liable  to  be 
impeached  and  controverted  by  loose  collateral  evidence."  Starkie,  part  IV, 
page  995,  volume  III,  3d  Am.  Ed. 

The  reason  of  the  rule  upon  which  the  courts  agree  with  such  entire  unanimity 
applies  with  force  in  the  case  now  under  consideration.  The  records  of  the  dis- 
trict and  board  meetings  contain  a  statement  of  the  regulations  adopted,  and  the 
acts  done  in  the  exercise  of  the  powers  with  which  the  respective  bodies  are 
invested  by  the  law.  They  present  to  all  the  citizens  of  the  district  township,  in  a 
permanent  form,  certain  and  definite  information  which  could  be  obtained,  with 
equal  certainty,  in  no  other  way.  Memory  is  defective,  but  the  secretary  records 
the  transactions  as  they  occur.  The  actors  change  from  year  to  year,  but  the 
record  is  permanent.  And  though  the  admission  of  oral  testimony  to  alter  a 
record  or  to  supply  an  omission  therein  might  sometimes  promote  the  attainment 
of  justice,  the  prevalence  of  such  a  practice  would  result  in  more  evil  than  good 
It  is  held,  therefore,  that  in  the  absence  of  alleged  fraud  the  county  superintend- 
ent errs,  in  admitting  parol  evidence  to  contradict  or  impeach  the  record  of  the 
September  meeting  of  the  board. 

In  regard  to  the  other  part  of  the  second  point  a  few  words  will  suffice.  The 
counsel  for  appellant  urges  that  though  the  record  of  the  September  meeting  was 
imperfect,  the  lapse  of  thirty  days  made  the  record  valid  and  binding  upon  the 
district.  It  is  true  that  the  right  to  take  an  appeal  to  the  county  superintendent 
expires  after  thirty  days,  but  I  am  unable  to  see  how  the  lapse  of  time  will  vali- 
date what  was  before  invalid.  The  secretary  is  the  proper  custodian  of  the 
records  of  the  school  district,  and  before  the  record  of  the  proceedings  of  the 
board  has  been  approved  or  adopted  by  the  board,  the  secretary  may  amend  them 
by  supplying  omissions,  or  otherwise  correcting  them.  After  they  have  been 
approved  they  may  be  amended  and  corrected  by  direction  of  the  board,  even 
after  the  lapse  of  thirty  days.  In  Massachusetts  a  town  clerk  is  permitted  to 
amend  the  record  in  order  to  supply  defects,  even  after  a  suit  involving  a  ques- 
tion respecting  them  has  been  commenced.  I  am  of  the  opinion  that  if  the  secre- 
tary or  board  of  directors  decline  to  make  necessary  corrections  in  the  record, 
that  a  party  interested  may  proceed  by  mandamus  to  compel  the  correction.  If 
the  record  is  to  be  impeached,  it  must  be,  in  the  absence  of  fraud,  by  a  direct 
proceeding  instituted  for  that  purpose,  and  not  by  a  collateral  or  indirect  method. 
The  People  v.  Zeyst,  23  N.  Y.,  147-8. 

The  district  record  in  this  case  is  not  as  full  as  it  might  with  propriety  be. 
The  law  provides  that  the  boundaries  of  subdistricts  shall  not  be  changed  except 


8  SCHOOL  LAW   DECISIONS. 

by  the  vote  of  a  majority  of  the  members  of  the  board.  ,The  record  fails  to  show 
that  this  requirement  of  the  law  was  complied  with  at  the  September  meeting. 
The  secretary  says  that  the  motion  to  redistrict  "carried."  This  is  his  opinion, 
but  he  fails  to  give  the  fact  upon  which  it  is  based.  Four  of  the  seven  members 
were  present,  but  he  does  not  say  who,  or  how  many  voted  for  the  change.  Prop- 
erly this  should  have  been  stated.  When,  however,  the  district  record  declares 
that  a  motion  was  "carried,"  the  law  will  presume  that  it  was  carried  in  accord- 
ance with  the  requirements  of  the  statute;  though  there  is  reason  to  believe  that 
the  presumption  in  this  instance  is  a  violent  one.  It  follows  that  there  was  no 
legal  evidence  that  the  subdistricts  were  not  established  in  accordance  with  law; 
hence,  the  conclusion  is  inevitable  that  the  county  superintendent  erred  in  dis- 
missing the  appeal  for  the  cause  assigned. 

At  the  commencement  of  the  trial  and  again  during  its  progress,  the  defend- 
ant moved  the  county  superintendent  to  dismiss  the  case  on  account  of  the  insuf- 
ficiency of  the  affidavit.  The  affidavit  of  Mr.  Sipple  is  not  as  full  as  it  is  usual  to 
make  affidavits  in  such  cases,  yet  it  "set  forth  the  errors  complained  of"  with 
such  plainness  'and  conciseness  as  enabled  the  county  superintendent  to  obtain 
the  necessary  transcripts,  and  this  is  all  the  law  really  requires.  It  has  not 
been  customary  heretofore  to  enforce  any  particular  form  of  affidavit,  and  the 
superintendent's  ruling  refusing  to  dismiss  on  defendant's  motion  is  sustained. 

As  the  testimony  appears  not  to  have  been  all  in  when  the  case  was  dismissed 
by  the  county  superintendent,  no  opinion  can  be  given  in  regard  to  the  propriety 
or  necessity  of  establishing  the  proposed  new  subdistricts.  The  case  is  therefore 
returned  to  the  county  superintendent,  who  will  proceed  with  the  hearing,  first 
allowing  a  reasonable  time  for  the  correction  of  the  district  record  or  for  the 
enforcement  of  its  correction  should  such  correction  be  deemed  necessary  by 
either  of  the  interested  parties.  Should  the  district  record  be  amended  so  as  to 
show  conclusively  that  the  said  subdistricts  were  not  legally  formed  at  the  said 
meeting  in  September,  it  will  follow  that  the  said  subdistricts  never  had  a  legal 
existence,  and  that  the  plaintiff  could  not  be  aggrieved  by  the  action  of  the  Feb- 
ruary meeting,  hence  the  county  superintendent  will  determine  the  case  in  favor 
of  the  appellee.  Should  said  record  not  be  amended,  or  should  it  be  amended  so 
as  to  show  clearly  that  said  subdistricts  were  established  in  all  respects  in  con- 
'formity  with  law,  the  question  of  establishing  the  new  subdistricts,  or  more 
properly  retaining  their  organization,  will  be  determined  upon  its  merits. 

REVERSED. 
D.  FRANKLIN  WELLS, 

July  23,  1868.  Superintendent  of  Public  Instruction. 


E.  J.  MINER  v.  DISTRICT  TOWNSHIP  OF  CEDAR. 
Appeal  from  Floyd  County. 

CONTESTED  ELECTION.    The  proper  method  of  determining  a  contested  election 

for  school  director  is  by  an  action  brought  in  the  district  court. 

ELECTION.     The  certificate  of  the  officers  of  the  subdistrict  meeting  is  the  legal 

evidence  of  election  as  subdirector,  and  as  a  general  rule  a  board  of  directors 

is  justified  in  declining  to  recognize  a  person  as  a  member  of  the  board  until  he 

produces  such  certificate. 

EVIDENCE.     Where  the  law  requires  the  evidence  of  a  transaction  to  be  in 

writing,  oral  evidence  can  be  substituted  only  if  the  writing*  cannot  be  produced. 

Quo  WARRANTO.     The  remedy  of  a  person  denied  possession  of  an  office  to  which 

he  has  been  chosen,  is  an  action  in  court. 

At  the  regular  meeting  of  the  board  in  March,  1868,  E.  J.  Miner  appeared  and 
filed  his  oath  of  office  as  subdirector  of  subdistrict  number  three,  and  claimed 
recognition  as  a  member  of  the  board.  The  said  Miner  failed  to  present  the 
certificate  of  the  officers  of  the  subdistrict  meeting,  or  any  other  evidence  of  his 


SCHOOL  LAW  DECISIONS.  9 

election  except  his  own  verbal  statement.  It  was  alleged  in  the  board  that  he 
was  not  legally  elected.  Under  these  circumstances,  the  board  refused  him  a 
seat  and  recognized  his  predecessor  as  holding  over.  From  this  order  the  said 
Miner  appealed  to  the  county  superintendent,  who,  after  a  full  hearing  of  the 
manner  in  which  the  election  was  conducted,  reversed  the  order  of  the  board, 
and  directed  that  the  said  Miner  should  be  recognized  as  subdirector  of  sub- 
district  number  three,  and  as  a  member  of  the  board  of  directors.  From  this 
decision  an  appeal  is  taken  by  A.  J.  Sweet,  president  of  the  board.  The  above 
are  but  a  small  portion  of  the  facts  presented  in  the  well  arranged  transcript  of 
the  county  superintendent,  but  yet  all  that  are  material  to  the  issues  involved. 

The  case  presented  by  these  facts  is  similar  to  that  of  Ockerman  v.  District 
Tmonship  of  Hamilton,  page  77,  School  Law  Decisions  of  1868,  and  must  be 
governed  by  the  same  principles.  It  was  there  held  that  the  only  proper  way  of 
determining  a  contested  election  or  the  right  of  exercising  any  public  office  or 
franchise,  is  by  an  action  in  the  nature  of  quo  icarranto  brought  in  the  district 
court.  It  seems  unnecessary  to  repeat  the  arguments  there  used.  Reference  is 
made  to  that  case  as  well  as  to  the  19  Iowa,  199;  18  Iowa,  59;  16  Iowa,  369;  17  Iowa, 
365;  and  the  other  cases  there  cited.  The  principle  involved  in  the  preceding 
references  was  recognized  by  the  county  superintendent,  when  he  said  in  his 
decision  that  "the  board  of  directors  has  no  jurisdiction  to  inquire  into  the 
legality  of  the  election  of  its  members."  When  this  just  conclusion  was  reached, 
the  case  should  have  been  dismissed,  for  the  county  superintendent  can  do  on 
appeal  only  what  the  board  itself  might  legally  have  done. 

The  county  superintendent  held  that  as  the  president  of  the  subdistrict  meet- 
ing refused  to  sign  a  certificate  of  election  for  the  said  Miner,  that  the  board 
might  receive  other  evidence  of  his  election.  In  this  the  county  superintendent 
departed  from  well  established  legal  principles.  The  school  law  provides  that  at 
the  meeting  of  the  electors  of  the  subdistrict  on  the  first  Monday  in  March,  "a 
chairman  and  secretary  shall  be  appointed,  who  shall  act  as  judges  of  the  elec- 
tion, and  give  a  certificate  of  election  to  the  subdirector  elect."  It  is  a  well  set- 
tled rule,  that  where  the  law  requires  the  evidence  of  a  transaction  to  be  in 
writing,  oral  evidence  cannot  be  substituted  when  the  writing  can  be  produced; 
this  rule  applies  alike  to  transactions  of  public  bodies,  officers,  and  individuals. 

There  can  be  no  doubt  that  the  law  contemplates  that  the  certificate  of  the 
officers  of  the  subdistrict  meeting  shall  be  the  legal  passport  to  a  seat  in  the 
board,  and  that,  as  a  general  rule,  a  board  of  directors  is  justified  in  declining  to 
recognize  a  person  as  a  member  of  the  board  until  such  certificate  is  produced. 
If  the  certificate  has  been  given  and  lost,  the  accident  may  be  remedied  by  other 
testimony.  If  illegally  withheld,  the  officer  may  be  coerced  by  mandamus  to 
furnish  it.  If  it  has  been  fraudulently  given,  the  law  still  provides  a  remedy. 

By  the  light  of  the  previous  principles,  it  is  evident  that  when,  under  the  cir- 
cumstances, the  county  superintendent  proceeded  to  investigate  the  rights  of  the 
plaintiff  as  a  school  director,  he  exceeded  his  jurisdiction,  and  that  his  decision 
must  therefore  be  overruled.  The  law  requires  that  the  plaintiff,  Miner,  shall 
seek  his  remedy  in  the  courts.  The  decision  of  the  county  superintendent  is 
therefore  reversed  and  the  case  dismissed.  REVERSED. 

D.  FRANKLIN  WELLS, 

July  29,  1868.  Superintendent  of  Public  Instruction. 

N.  R.  HOOK  v.  INDEPENDENT  DISTRICT  OF  FREMONT. 
Appeal  from  Maliaska  County. 

SCHOOL  PRIVILEGES.  Are  not  acquired  by  temporary  removal  into  a  district 
for  the  purpose  of  attending  school. 

At  a  meeting  of  the  board  an  order  was  made  excluding  one  George  Check 
from  school.  From  this  order  Dr.  N,  R.  Hook,  with  whom  the  bov  was  at  the 


10  SCHOOL  LAW  DECISIONS. 

time  living,  appealed  to  the  county  superintendent,  who  affirmed  the  order  of  the 
board,  and  Hook  again  appealed. 

The  ground  upon  which  the  boy  was  debarred  from  school,  was  that  he  was  not 
:a  bona  fide  resident  of  the  district,  and  this  is  fully  sustained  by  the  circumstances 
of  the  case  as  shown  by  the  weight  of  evidence  as  adduced  before  the  county 
superintendent.  The  apparent  primary  purpose  of  George  Check  in  going  to  live 
with  Dr.  Hook,  was  that  he  might  attend  the  school  at  Fremont,  and  after  the 
term  of  school  should  expire,  his  further  continuance  at  Hook's  would  be  uncer- 
tain. He  did  not  go  there  with  the  intention  of  remaining,  but  the  intention  to 
return  to  his  father's  house  seems  to  have  been  manifested  in  the  contract  or 
agreement  made  with  Hook. 

Counsel  for  appellant  argues  that  the  law  should  not  be  technically  construed, 
but  that  it  should  receive  a  liberal  construction,  and  in  this  he  is  correct.  It 
should  receive  such  a  construction  as  that  all  the  youth  of  the  state,  without 
regard  to  race  or  condition  in  life,  can,  with  equal  facility,  participate  in  the 
benefits  of  our  free  schools.  There  is  evidence  that  the  schools  in  Fremont  are 
so  crowded  that  many  of  the  youth  of  the  district  are  unable  to  gain  admission, 
and  the  law  gives  to  them  the  prior  claim.  The  board  should  see  that  the  chil- 
dren of  the  district  are  first  accommodated,  and  then,  if  not  detrimental  to  the  inter- 
ests of  the  school,  it  may  admit,  in  its  discretion,  those  from  outside  districts 
upon  such  terms  as  it  may  agree. 

Believing  that  the  county  superintendent  properly  sustained  the  board  of 
directors,  his  decision  is  hereby  AFFIRMED. 

A.  S.  KISSELL, 

May  1,  1870.  Superintendent  of  Public  Instruction. 


Z.  W.  REMINGTON  v.  DISTRICT  TOWNSHIP  OF  BOOMER. 
Appeal  from  Pottaicattamie  County. 

JURISDICTION.     The  county  superintendent  does  not  have  jurisdiction  of  cases 

involving  a  money  demand. 

-SCHOOL,  ORDERS.     When  improperly  issued,  a  proper  remedy  is  injunction. 

On  the  12th  day  of  October,  the  board  met  in  special  session  and  made  a  set- 
'tlement  with  one  L.  S.  Axtell,  who  was  the  contractor  for  the  erection  of  certain 
schoolhouses  in  said  district  township.  From  the  action  of  the  board,  Z.  W. 
Remington  appealed  to  the  county  superintendent,  who  dismissed  the  appeal 
upon  the  ground  that  the  settlement  with  Axtell  was  for  a  money  demand,  and 
therefore  involved  a  question  over  which  he  could  exercise  no  jurisdiction. 
.Remington  again  appeals. 

If  there  was  anything  wrong  in  the  action  of  the  board  issuing  orders  in  favor 
'Of  Axtell  for  the  payment  of  his  claim  for  building  the  schoolhouses  that  would 
render  them  invalid,  his  remedy,  if  any,  would  have  been  by  injunction  to 
restrain  the  payment  of  such  orders,  or  by  some  other  proper  action  in  the  civil 
courts,  and  not  by  appeal  to  the  county  superintendent,  as  the  latter  tribunal  is 
not  clothed  by  the  statute  with  authority  to  inquire  into  or  determine  the  validity 
of  school  orders.  The  county  superintendent,  therefore,  very  properly  decided 
to  dismiss  the  appeal,  and  his  order  in  the  case  is  hereby  AFFIRMED. 

A.  S.  KISSELL, 

]\lay  17,  1870.  Superintendent  of  Public  Instruction. 


W.  D.  PECK  et  al.  v.  DISTRICT  TOWNSHIP  OF  POLK. 
Appeal  from  Jefferson  County. 

SUBDISTRICTS.     Should  be,  if  possible,  compact  and  regular  in  form.     In  well 
populated  district  townships,  two  miles  square  is  considered  a  desirable  area. 


SCHOOL  LAW   DECISIONS.  11 

SCHOOLHOUSE  SITE.     It  is  important  that  a  schpolhouse  site  be  located  on  a 
public  road,  and  as  near  the  center  of  the  subdistrict  as  practicable. 

It  appears  from  the  transcript  in  this  case  that  the  board,  on  the  presentation 
of  a  petition  from  the  majority  of  the  inhabitants  of  subdistrict  number  eight, 
issued  an  order  attaching  a  strip  on  the  northeast  from  subdistrict  number  seven 
to  number  eight,  relocating  the  schoolhouse  site,  and  arranging  for  the  removal 
of  the  schoolhouse  from  the  present  site  to  said  new  location.  From  this  action 
of  the  board  an  appeal  was  taken  to  the  county  superintendent,  who  sustained  the 
action  of  the  board,  and  from  his  decision  an  appeal  is  taken  to  this  tribunal. 

The  trial  before  the  county  superintendent  developed  that  the  board  has  in 
contemplation  the  redistricting  of  the  entire  township  into  subdistricts  two  miles 
square,  and  that  the  order  providing  for  the  change  of  boundaries  in  subdistrict 
number  eight  is  the  initiatory  step  in  that  direction.  The  subdistrict  in  question, 
previous  to  the  order,  had  very  irregular  boundaries;  and  except  that  the  district 
is  too  large  for  convenience  without  further  change  in  the  boundaries,  there 
would  seem  to  be  every  reason  for  attaching  the  strip  from  number  seven.  That 
being  attached,  the  change  of  location  and  the  removal  of  the  schoolhouse  to  a 
site  occupying  the  geographical  center  of  the  subdistrict  with  its  changed  bound- 
aries, must  follow  of  course.  Besides  this,  there  seems  to  be  the  additional  good 
reason  for  the  change  of  location  for  the  schoolhouse  site:  the  present  site  is  not 
on  a  public  road;  the  one  in  prospect  is,  and  as  all  the  territory  is  in  a  condition 
to  be  easily  and  rapidly  settled,  the  new  site  will,  with  the  additional  change  in 
contemplation,  be  the  exact  geographical  center  of  the  subdistrict. 

The  action  of  the  board  in  this  case  is  manifestly  of  a  discretionary  character, 
and  I  can  see  nothing  in  the  testimony  that  would  induce  the  belief  that  it  has  in 
any  way  exceeded  its  prerogative,  or  abused  its  discretion.  The  decision  of  the 
•county  superintendent  is  therefore  AFFIRMED. 

A.  S.  KISSELL, 

February  4,  1871.  Superintendent  of  Public  Instruction. 


W.  P.  DAVIS  v.  DISTRICT  TOWNSHIP  OF  MADISON. 
Appeal  from  Fremont  County. 

CONTRACTS.     Made  by  a  committee  require  the  approval  of  the  board  in  session. 

SCHOOL,  FUNDS.     The  treasurer  is  the  proper  custodian  of  all  funds,  and  may 

legally  pay  them  out  only  upon  orders  specifying  the  fund  upon  which  they  are 

drawn  and  the  specific  use  to  which  they  are  applied. 

SUBDIRECTOR.     The  subdirector  may  expend  money  in  his  subdistrict  only  in  the 

manner  authorized  by  the  board. 

CLAIMS.     Just  claims  against  the  district  can  be  enforced  only  in  the  courts. 

MANDAMUS.     Is  a  remedy  if  the  board  refuses  to  carry  out  a  vote  of  the  electors. 

SUBDISTRICT.    A  subdistrict  is  not  a  corporate  body,  and  has  no  control  of  any 

public  fund. 

The  electors  on  the  llth  day  of  March,  1871,  voted  a  tax  of  two  and  one- 
half  mills  on  the  taxable  property  of  the  district  township  for  schoolhouse  pur- 
poses, and  directed  that  three  hundred  dollars  of  the  amount  thus  raised  should 
be  used  for  the  erection  of  a  schoolhouse  in  subdistrict  number  nine. 

March  20,  1871,  W.  P.  Davis,  subdirector  of  subdistrict  number  nine,  was 
appointed  a  committee  to  build  a  schoolhouse  in  said  subdistrict.  The  house 
having  been  completed,  at  a  special  meeting  of  the  board  held  June  1,  1872,  it 
was  moved  that  the  report  of  the  committee  be  received,  and  the  schoolhouse  be 
accepted;  also  that  the  secretary  be  instructed  to  draw  an  order  on  the  treasurer 
for  three  hundred  dollars,  for  subdistrict  number  nine.  Both  motions  were  lost, 
from  which  action  the  said  W.  P.  Davis  appealed  to  the  county  superintendent, 
who  on  the  9th  day  of  August,  1872,  reversed  the  action  of  the  board.  The  dis- 
trict township,  through  its  president,  W.  H.  Gandy,  appeals. 


12  SCHOOL  LAW  DECISIONS. 

The  history  of  this  case  very  fully  illustrates  the  loose  and  irregular  manner 
in  which  school  officers  too  frequently  transact  official  business.  Section  15  of 
the  School  Laws  provides  that  the  board  "shall  make  all  contracts,  purchases, 
payments,  and  sales  necessary  to  carry  out  any  vote  of  the  district,  but  before 
erecting  any  schoolhouse  they  shall  consult  with  the  county  superintendent  as  to- 
the  most  approved  plan  of  such  building." 

If  the  contract  is  made  by  a  subdirector  or  committee  of  the  board,  it  should 
in  all  cases  be  approved  by  the  board  before  work  is  commenced. 

A  misapprehension  often  exists  as  to  the  manner  in  which  school  funds  should 
be  disbursed.  The  treasurer  is  the  proper  custodian  of  all  funds  belonging  to  the 
district  township,  and  the  law  provides  that  he  "shall  pay  no  order  which  does 
not  specify  the  fund  on  which  it  is  drawn,  and  the  specific  use  to  which  it  is 
applied,"  that  is,  for  work  done,  material  furnished,  or  the  like. 

The  board  is  also  required  to  "audit  and  allow  all  just  claims  against  the  dis- 
trict, and  no  order  shall  be  drawn  on  the  district  treasury  until  the  claim  for  which 
it  is  drawn  has  been  so  audited  and  allowed. ' '  This  rule  applies  equally  where  funds 
are  voted  by  the  district  township  for  the  purpose  of  building  schoolhouses  in 
particular  subdistricts,  also  where  taxes  have  been  raised  on  the  property  of  sub- 
districts  in  accordance  with  the  proviso  of  section  twenty-eight.  Such  funds,  or 
so  much  of  them  as  may  be  required  to  carry  out  the  vote  of  the  electors,  should  be 
devoted  to  the  specific  object  for  which  they  were  voted,  but  the  disbursement 
should  in  all  cases  be  under  the  direction  and  authority  of  the  board.  Boards  have* 
no  authority  to  give  subdirectors  money  to  use  in  their  subdistricts  for  building 
schoolhouses  or  any  other  purpose,  nor  subdirectors  to  use  money  so  received. 
A  subdistrict  is  not  a  corporate  body  and  has  no  control  of  any  public  fund. 

If  Mr.  Davis  has  a  just  claim  against  the  district  township  of  Madison  which 
the  board  refuses  to  allow,  or  if  the  board  refuses  to  apply  the  amount  voted  by 
the  electors  to  the  specific  object  for  which  it  was  designed,  the  erection  of  a 
schoolhouse  in  subdistrict  number  nine,  the  civil  courts  only  can  furnish  a  means 
of  redress.  REVERSED. 

ALONZO  ABERNETHY, 

October  30,  1872.  Superintendent  of  Public  Instruction. 


W.  J.  MOODY  v.  H.  H.  BURRINGTON,  COUNTY  SUPERINTENDENT. 
Appeal  from  Bremer  County. 

CERTIFICATE.     The  county  superintendent  may  refuse  to  entertain  a  petition  for- 
the  revocation  of  a  teacher's  certificate. 

APPEAL.     An  appeal  may  be  taken  from  the  refusal  of  the  county  superintendent 
to  investigate  charges  brought  against  a  teacher. 

DISCRETIONARY  ACTS.    The  decision  of  the  authority  having  original  jurisdic- 
tion is  entitled  to  much  consideration. 

A  petition  containing  charges  against  a  teacher  was  presented  to  H.  H.  Bur- 
rington,  county  superintendent,  asking  an  investigation  of  the  charges,  and  the 
revocation  of  her  certificate.  The  county  superintendent  refused  to  make  the 
investigation  as  requested  by  the  petitioners,  and  W.  J.  Moody  appeals. 

The  question  whether  an  appeal  will  lie  from  the  refusal  of  the  county  super- 
intendent to  investigate  charges  brought  against  a  teacher,  has  not  been  to  our 
knowledge  before  determined.  Since  it  is  held  that  an  appeal  may  be  taken  from 
an  action  of  the  board  refusing  to  perform. a  discretionary  action,  we  see  no  rea- 
son why  appeal  will  not  lie  from  a  similar  action  of  the  county  superintendent. 

In  the  case  before  us,  statements  testifying  to  the  moral  character  and  good 
reputation  of  the  teacher  are  made  by  reliable  and  disinterested  parties,  who 
have  been  intimately  acquainted  with  her  for  several  years  past;  and  it  is  believed 


SCHOOL.  LAW  DECISIONS.  13 

that,  in  no  instance,  is  the  judgment  and  discretion  of  a  local  tribunal  entitled  to 
more  consideration  than  in  this  case.  AFFIRMED. 

ALONZO  ABERNETHY, 
July  10,  1873.  Superintendent  of  Public  Instruction. 


J.  W.  RANDALL  v.  DISTRICT  TOWNSHIP  OF  VIENNA. 
Appeal  from  Marshall  County. 

SCHOOLHOUSE.  The  board  may  legally  remove  a  schoolhouse  from  one  sub- 
district  to  another  only  by  vote  of  the  electors. 

SCHOOLHOUSE.  When  the  electors  have  voted  to  remove  a  schoolhouse  from  one 
subdistrict  to  another  the  board  must  execute  such  vote,  and  from  its  action  in  so 
doing  no  appeal  can  be  taken. 

INJUNCTION.  The  execution  of  a  fraudulent  vote  of  the  electors  may  be  pre- 
vented by  a  writ  from  a  court  of  law. 

At  the  district  township  meeting  held  on  the  second  Monday  in  March,  1873, 
it  was  voted  to  remove  the  schoolhouse  situated  in  subdistrict  number  four  into 
;subdistrict  number  three.  On  the  17th  day  of  March  the  board  ordered  the 
removal  of  the  schoolhouse,  in  accordance  w*ith  said  vote  of  the  electors.  From 
this  action  appeal  was  taken  to  the  county  superintendent,  who  reversed  the 
action  of  the  board  The  district  township,  through  its  president,  appeals. 

Section  seven,  School  Laws  of  1872,  provides  that  the  electors  shall  have  the 
power  "to  direct  the  sale,  or  other  disposition  to  be  made  of  any  schoolhouse;" 
also  "to  vote  such  tax,  not  exceeding  ten  mills  on  the  dollar  in  any  one  year,  on 
the  taxable  property  of  the  district  township,  as  the  meeting  shall  deem  suffi- 
cient for  the  purchase  of  grounds  and  the  construction  of  the  necessary  school- 
houses  for  the  use  of  the  respective  subdistricts. "  Section  fifteen  provides  that 
the  board  "shall  make  all  contracts,  purchases,  payments  and  sales  necessary  to 
carry  out  any  vote  of  the  district."  Section  sixteen  provides  that  the  board 
"shall  fix  the  site  for  each  schoolhouse." 

From  the  law  as  above  quoted  we  understand  that  the  electors  may  vote  a  tax 
for  the  erection  of  a  schoolhouse  in  any  particular  subdistrict,  or  may  direct  the 
removal  of  one  already  built,  from  a  subdistrict,  and  that  the  board  determines 
the  site  within  a  subdistrict,  but  has  no  authority  to  remove  a  schoolhouse  from 
a  subdistrict  without  affirmative  action  of  the  electors,  such  action,  however, 
being  taken,  the  board  must  execute  their  vote,  if  in  accordance  with  law.  From 
the  action  of  the  board  in  thus  executing  the  vote  of  the  electors  no  appeal  can 
be  taken.  If  the  vote  of  the  electors  is  contrary  to  law,  its  execution  may  be 
prevented  by  injunction,  if  unwise,  the  electors  themselves  must  bear  the  conse- 
quences. REVERSED. 

ALONZO  ABERNETHY, 

July  11,  1873.  Supenntendent  of  Public  Instruction. 


D.  K.  TAYLOR  v.  INDEPENDENT  DISTRICT  OF  ELDON. 
Appeal  from  Wapello  County. 

APPEAL.  Appeal  may  not  be  taken  from  an  action  or  order  complying  with  the 
terms  of  a  contract  previously  made,  nor  from  an  action  authorizing  the  issuance 
of  an  order  in  payment  of  a  debt  contracted  by  previous  action  of  the  board. 
APPEAL.  A  case  whose  main  purpose  is  to  determine  the  validity  of  an  order  on 
the  district  treasury,  or  the  the  equity  of  a  claim,  cannot  be  entertained  on 
appeal  to  the  county  superintendent. 

SCHOOL  FUNDS.     The  courts  of  law  alone  can  furnish  an  adequate  remedy,  if  the 
law  has  been  violated  and  the  money  of  the  district  has  been  misappropriated. 

From  the  transcript  it  appears  that  on  the  3d  day  of  December,  1873,  the  board 
passed  an  order  authorizing  the  payment  of  five  per  cent  commission  for  negotiate 


14  SCHOOL.  LAW  DECISIONS. 

ing  the  district  bonds,  and  on  the  same  day  another  authorizing-  D.  P.  Stubbs  to> 
negotiate  said  bonds.  On  the  3d  day  of  February,  1874,  the  board  passed  an  order 
instructing  the  president  and  secretary  to  draw  an  order  for  $90  on  the  district 
treasury  in  favor  of  said  D.  P.  Stubbs,  for  services  rendered  in  negotiating  said 
bonds,  in  accordance  with  the  previous  action  of  the  board  on  December  3,  1873. 
From  the  action  of  the  board  in  issuing  said  order  of  $90  this  appeal  was  taken. 
The  county  superintendent  dismissed  the  case,  on  the  ground  that  it  was  an 
action  authorizing  the  payment  of  money,  and  a  decision  thereon  would  be 
equivalent  to  rendering  a  judgment  for  money,  which  is  prohibited  by  the 
provisions  of  section  1836.  D.  K.  Taylor  again  appeals. 

Appeal  may  be  taken  from  any  action  of  the  board  which  authorizes  the 
making  of  a  contract,  but  not  from  a  subsequent  action  or  order  complying  with 
the  terms  of  a  contract  previously  made,  nor  from  an  action  authorizing  the 
issuance  qf  an  order  in  payment  of  a  debt  contracted  by  a  previous  action. 

The  order  appealed  from  in  this  case  is  not  a  new  action  of  the  board,  but  a 
necessary  result  of  the  order  of  December  3,  1873.  If  the  first  action  was  legal 
and  proper,  the  last  is  both  proper  and  necessary,  the  services  having  been  per- 
formed. Any  interested  party  might  have  appealed,  at  the  proper  time,  from 
the  action  of  December  3,  1873,  authorizing  the  payment  of  five  per  cent  com- 
mission for  negotiating  bonds  or  authorizing  the  appointment  of  an  agent  therefor. 
But  the  time  for  an  appeal,  thirty  days,  having  expired,  appeal  cannot  now  be 
taken  from  the  subsequent  action,  which  is  simply  carrying  out  its  previous 
action,  and  the  terms  of  the  contract  made  thereunder. 

To  determine  the  validity  of  an  order  on  the  district  treasury,  or  the  equity 
of  a  claim,  is  equivalent  to  the  rendition  of  a  judgment  for  money,  and  a  case 
whose  sole  purpose  is  to  determine  this  question  cannot  be  entertained  on  appeal. 
The  courts  of  law  alone  can  furnish  an  adequate  remedy,  if  the  law  has  been  vio- 
lated, or  the  interests  of  the  district  have  suffered  by  the  making  of  contracts  or 
the  issuing  of  orders  for  money  on  the  treasury.  AFFIRMED. 

ALONZO  ABERNETHY, 

May  5,  1874.  Superintendent  of  Public  Instruction. 


E.  WATSON  v.  DISTRICT  TOWNSHIP  OF  EXIRA. 
Appeal  from  Audubon  County. 

PUNISHMENT.  The  punishment  of  a  pupil  with  undue  severity,  or  with  art 
improper  instrument,  is  unwarrantable,  and  may  serve  in  some  degree,  to  indi- 
cate the  animus  of  the  teacher. 

PUNISHMENT.  In  applying  correction,  the  teacher  must  exercise  sound  discre- 
tion and  judgment  and  should  choose  a  kind  of  punishment  adapted  not  only  to- 
the  offense,  but  to  the  offender. 

Charges  were  preferred  against  E.  Watson  for  harsh  and  unreasonable  punish- 
ment of  a  pupil,  and  upon  investigation  the  teacher  was  discharged.  From  this 
action  of  the  board  he  appealed  to  the  county  superintendent,  who  reversed  its* 
action,  and  the  district  appeals. 

From  the  evidence  it  appears  that  the  pupil  upon  whom  the  punishment  was 
inflicted  was  a  boy  thirteen  years  of  age,  and  that  the  offense  was  such  that  punish- 
ment was  deserved.  The  instrument  selected  was  a  hickory  stick,  three-fourths 
of  an  inch  in  diameter  at  one  end,  and  one-half  inch  at  the  other,  and  fifteen  or 
eighteen  inches  long.  The  punishment  was  inflicted  by  striking  upon  the  palm 
of  the  hand  from  eight  to  twelve  strokes.  It  appears  that  the  boy's  hand  was 
thereby  disabled  for  some  days. 

It  is  alleged  by  the  teacher  that  the  punishment  was  inflicted  for  the  good  of 
the  school,  and  that  it  was  without  malice  on  his  part.  We  consider  the  selection 
nf  siio.h  an  instrnmfmt,  for  t,hp,  rmnishment  of  a  mmil  iniudicious,  unwarrantable^ 


SCHOOL  LAW  DECISIONS.  15 

and  dangerous,  and  that  the  consequences  might  be  fraught  with  the  gravest 
results,  and  that  such  selection  may  serve  in  some  degree,  to  indicate  the  animus 
of  the  teacher.  REVERSED. 

ALONZO  ABERNETHY, 
June  6,  1874.  Superintendent  of  Public  Instruction. 


SANFOKD  HARWOOD  v.  INDEPENDENT  DISTRICT  OF  CHARLES  CITY.. 
Appeal  from  Floyd  County. 

PUNISHMENT.     The   right  of  the  parent  to  restrain  and  coerce   obedience  in. 
children  applies  equally  to  the  teacher,  or  to  any  one  who  acts  in  loco  parentis. 
RULES  AND  REGULATIONS.     Boards  of  directors  and  their  agents,  the  teachers? 
may  establish  reasonable  rules  for  the  government  of  their  schools. 
RULES  AND  REGULATIONS.    The  teacher  has  the  right  to  require  a  pupil  to* 
answer  questions  which  tend  to  elicit  facts  concerning  his  conduct  in  school. 
RULES  AND  REGULATIONS.    The  pupil  is  answerable  for  acts  which  tend  to< 
produce  merriment  in  the  school  or  to  degrade  the  teacher. 

RULES  AND  REGULATIONS.     Open  violation  of  the  rules  cannot  be  shielded  from, 
investigation  under  the  plea  that  it  invades  the  rights  of  conscience. 
BOARD  OF  DIRECTORS.     The  board  shall  be  sustained  in  all  legitimate  and  rea- 
sonable measures  to  maintain  order  and  discipline,  to  uphold  the  rightful  author- 
'  ity  of  the  teacher,  and  to  prevent  or  suppress  insubordination  in  the  school. 

This  case  involves  the  right  of  a  teacher  to  require  a  pupil  to  answer  questions 
concerning  his  conduct  in  school,  or  to  testify  against  himself. 

Burritt  Harwood,  a  member  of  the  high  school  department,  having  broken 
certain  rules  of  the  school,  was  suspended  by  the  superintendent  for  refusing  to 
answer  a  question  relating  thereto.  The  pupil's  father  petitioned  the  board  to 
restore  the  pupil.  The  board,  having  investigated  the  facts,  adopted  the  follow- 
ing: "Resolved,  That  the  school  board  sustain  Prof.  Shepard  in  his  suspension; 
of  Burritt  Harwood.  provided  Burritt  Harwood  be  reinstated  if  he  answer  the 
question,  for  the  refusal  to  answer  which  he  was  suspended,  subject  to  such  fur- 
ther action  as  may  be  taken  by  the  principal  or  school  board  for  making  and  cir- 
culating the  caricature."  The  president  and  four  other  members  voted  for,  and 
one  against  the  resolution.  From  this  action  of  the  board,  S.  Harwood  appealed 
to  the  county  superintendent,  who  reversed  its  action.  The  board  appeals. 

The  power  of  the  parent  to  restrain  and  coerce  obedience  in  children  cannot 
be  doubted,  and  it  has  seldom  or  never  been  denied.  This  principle  applies 
equally  to  the  teacher  or  to  any  one  who  acts  in  loco  parentis.  Boards  of  directors 
and  their  agents,  the  teachers,  may  establish  all  reasonable  and  proper  rules  for- 
the  government  of  schools,  and  to  control  the  conduct  of  pupils  attending  the 
same.  "Any  rule  of  the  school  not  subversive  of  the  rights  of  the  children  or 
parents,  or  in  conflict  with  humanity  and  the  precepts  of  divine  law,  which  tends 
to  advance  the  object  of  the  law  in  establishing  public  schools,  must  be  consid- 
ered reasonable  and  proper."  Burdick  v.  Balcock,  31  Iowa,  562. 

The  superintendent  had  occasion  to  leave  the  high  school  in  charge  of  his 
assistant  while  he  should  attend  to  official  duties  elsewhere.  On  his  return,  about 
4  P.  M.,  the  assistant  reported  that  there  had  been  much  disorder  on  the  part  of 
some  of  the  pupils,  and  that  she  had  required  several  of  the  pupils  to  remain  and 
report  their  misdemeanors  to  the  superintendent.  Burritt  Harwood  being  called 
upon,  said  in  substance:  "I  have  two  misdemeanors  to  report;  I  threw  snow  into 
the  lower  hall  during  recess,  and  I  passed  a  piece  of  paper  across  the  aisle  to  my 
brother's  desk."  Both  are  recognized  as  violations  of  the  rules  of  the  school. 
The  nature  and  magnitude  of  the  first  are  readily  discernible,  and  need  no  fur- 
ther investigation;  not  so  of  the  second;  much  depends  upon  the  character  of  the 
"piece  of  paper,"  whether  simply  blank  paper  or  containing  writing  or  other- 


16  SCHOOL  LAW  DECISIONS. 

evasively.  Being  further  questioned,  he  replied  that  it  was  "pictorial,"  that  it 
was  a  "burlesque  or  caricature,"  that  "it  represented  the  schoolhouse  and  some 
person  or  persons,"  that  "the  person  or  persons  represented  were  connected  with 
the  school."  The  question,  "whom  he  had  intended  to  burlesque,"  after  some 
hesitation,  he  declined  to  answer.  For  this  act  of  disobedience  he  was  suspended. 

The  question  which  he  refused  to  answer  appears  to  differ  in  no  essential 
feature  from  those  previously  answered.  By  it  the  teacher  simply  sought  to  dis- 
cover an  additional  fact  in  connection  with  the  case.  If  he  had  a  right  to  ask  the 
former  he  had  the  latter.  If  there  is  any  reason  why  the  pupil  had  the  right  or 
should  claim  the  privilege  of  declining  to  answer  the  last,  he  should  have  stated 
it.  Certainly  no  good  reason  appears  from  the  nature  of  the  offense,  and  the 
degree  of  punishment  which  it  merited  depended  upon  the  information  which  the 
teacher  sought  to  obtain  by  this  and  the  previous  question.  If  the  paper  con- 
tained simply  the  solution  of  a  problem  or  something  connected  with  his  lesson, 
it  merited  one  degree  of  punishment;  if  its  purpose  was  to  create  merriment 
among  the  pupils,  thus  diverting  their  attention  from  their  studies,  it  required 
another  degree;  if  by  it  the  pupil  sought  to  bring  ridicule  upon  a  teacher,  to  the 
prejudice  of  the  good  order  and  government  of  the  school,  still  another;  each 
would  be  a  violation  of  the  rules,  but  not  each  equally  punishable.  The  claim  of 
appellee  that  it  was  an  attempt  to  pry  into  the  secrets  of  the  heart,  and  was  a 
violation  of  the  right  of  conscience,  is  scarcely  sustained  by  the  facts.  The 
question  "whom  did  you  intend  to  represent,"  is  essentially  equivalent  to  "whom 
did  you  represent."  Its  purpose  evidently  was  not  to  find  out  the  thought  or 
intent,  but  the  act  of  the  pupil.  The  question  was  simply  what  was  the  character 
of  the  picture  drawn  and  circulated  to  the  disturbance  of  the  school.  It  does  not 
appear  how  the  rights  of  conscience  would  be  violated  in  answering  the  question. 
It  may  be  true  that  the  picture  itself,  if  produced,  would  furnish  the  best 
evidence,  but  the  teacher  clearly  had  the  right,  in  its  absence,  and  knowing 
nothing  of  its  nature  beyond  what  the  pupil  had  already  revealed,  to  seek  this 
information  directly  and  immediately  by  proper  questions.  Nor  can  the  pupil 
shield  himself  under  the  provision  of  the  law  that  a  prisoner  at  the  bar  cannot  be 
compelled  to  answer  questions  which  will  tend  to  render  him  criminally  liable  or 
expose  him  to  public  ignominy.  He  is,  in  no  proper  sense,  accused  of  crime 
before  a  court  of  law,  authorized  to  sit  in  judgment  under  a  criminal  code. 

The  picture,  which  was  afterward  produced,  reveals  anything  but  a  right 
spirit  in  the  pupil.  Probably  no  one  who  has  seen  it  doubts  that  it  is  a  coarse 
caricature  of  the  superintendent  and  his  assistant.  His  refusal  to  answer  was 
evidently  not  that  he  could  not  conscientiously  do  so,  nor  that  it  would  tend  to 
criminate  himself,  but  was  a  deliberate  act  of  insubordination.  All  the  attendant 
circumstances,  the  evasive  and  studied  replies  to  the  superintendent's  questions, 
the  caricature  itself,  and  its  circulation  through  the  school  during  the  absence  of 
the  superintendent,  together  with  a  previous  malicious  caricature  of  the  same 
nature,  all  reveal  a  disregard  for  the  regulations  of  the  school,  the  respectful 
conduct  due  from  a  pupil,  and  an  animus  toward  the  teacher  anything  but  proper. 

In  our  opinion  unnecessary  stress  was  laid,  in  the  trial  before  the  superin- 
tendent, upon  the  technical  ground  of  suspension  by  the  superintendent.  The 
board  having  had  the  whole  subject  under  investigation,  including  statements  of 
the  offenses  from  both  the  superintendent  and  the  pupil,  sustained  the  superin- 
tendent, or  in  other  words,  suspended  the  pupil  conditionally  from  the  school,  as 
it  probably  had  a  right  to  do  for  any  one  of  the  offenses  named.  This  being  a 
discretionary  act,  due  weight  must  be  given  to  such  action  by  an  appellate 
tribunal,  especially  should  the  board  be  sustained  in  all  legitimate  and  reasonable 
measures  to  maintain  order  and  discipline,  to  uphold  the  rightful  authority  of  the 
teacher  and  to  prevent  or  suppress  insubordination  in  the  school.  REVERSED. 

ALONZO  ABERNETHY, 

June  8.  1874.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  17 

J.  W.  HUBBARD  v.  DISTRICT  TOWNSHIP  OF  LIME  CREEK. 
Appeal  from  Cerro  Oordo  County. 

APPEAL.     The  execution  by  the  board  of  the  vote  of  the  electors  upon  matters 

'within  their  control,  is  mandatory,  from  such  action  of  the  board  no  appeal  can 

be  taken.     If  such  action  is  tainted  with  fraud,  an  application  to  a  court  of  law  is 

the  proper  remedy. 

BOARD  OP  DIRECTORS.     The  board,  though  not  bound  by  a  vote  of  the  electors 

directing  the  precise  location  of  a  schpolhouse  site,  is  required  to  so  locate  it  as 

to  accommodate  the  people  for  whom  it  is  designed. 

BOARD  OF  DIRECTORS,     If  in  the  selection  of  a  site  the  board  violates  law  or 

abuses  its  discretionary  power,  its  action  may  be  reversed  on  appeal. 

CERTIORARI.     A  fraudulent  or  illegal  action  may  be  corrected  by  application  to 

a  court  for  a  writ  of  certiorari. 

The  electors  of  tho  district  township  voted  a  tax  to  build  a  schoolhouse  on 
what  is  known  as  the  Simons  road,  near  where  it  crosses  the  Central  railroad. 
On  a  separate  motion,  the  board  was  instructed  to  sell  the  schoolhouse  known  as 
number  three.  In  accordance  with  the  first  mentioned  action,  the  board  located 
.a  schoolhouse  jite  on  said  road,  fifty  feet  from  said  crossing.  From  this  action 
appeal  was  taken,  the  appellant  claiming  it  to  be  a  relocation  of  the  site  known  as 
number  three,  and  that  such  action  was  with  the  express  intention  of  selling  the 
schoolhouse  and  abandoning  the  site  thereof.  The  county  superintendent 
.reversed  the  action  of  the  board  and  the  district  township  appeals. 

The  district  township  coincides  with  a  congressional  township  in  boundaries 
,and  extent,  and  is  comprised  in  one  subdistrict.  It  is  claimed  that  the  action  of 
the  district  township  meeting  did  not  represent  the  wishes  of  the  people;  that 
there  are  ninety-five  voters  in  the  district,  and  but  twenty-seven  were  present  at 
such  meeting;  also  that  in  the  location  of  the  site  the  board  did  not  consult  the 
-convenience  of  the  people. 

Section  1717  provides  that  the  electors,  when  legally  assembled  at  the  district 
township  meeting,  shall  have  power  "to  direct  the  sale  or  other  disposition  to  be 
made  of  any  schoolhouse,  or  site  thereof,  and  of  such  other  property,  personal  and 
real,  as  may  belong  to  the  district."  Section  1723  provides  that  the  board  "shall 
make  all  contracts,  purchases,  payments,  and  sales  necessary  to  carry  out  any 
vote  of  the  district."  Section  1724  provides  that  the  board  "shall  fix  the  site  for 
•each  schoolhouse,  taking  into  consideration  the  geographical  position  and  con- 
venience of  the  people  of  each  portion  of  the  subdistrict. ' ' 

The  execution  of  the  vote  of  the  electors  by  the  board  is  mandatory,  from  its 
action  in  so  doing  no  appeal  can  be  taken.  In  case  such  action  is  in  any  manner 
tainted  with  fraud,  an  application  to  a  court  of  law  is  the  proper  remedy. 

The  power  to  locate  schoolhouse  sites  is  vested  originally  in  the  board. 
Although  the  board  has  authority  to  locate  schoolhouse  sites,  yet  money  legally 
voted  by  the  electors  for  a  specific  purpose,  must  be  expended  in  accordance  with 
such  vote;  if  voted  to  erect  a  schoolhouse  in  a  certain  subdistrict,  it  cannot  legally 
be  used  to  build  a  schoolhouse  •  in  another.  While  any  directions  of  the  voters 
attempting  to  locate  precisely  a  schoolhouse  site,  are  void,  yet  the  board  is  bound 
so  to  locate  it  as  to  accommodate  the  people  for  whom  designed,  in  the  absence  of 
such  instructions  the  board  may  exercise  more  widely  its  discretion  in  fixing 
schoolhouse  sites.  If  in  the  performance  of  this  duty  it  violates  law,  acts  with 
manifest  injustice,  or  in  any  manner  shows  an  abuse  of  discretionary  power,  its 
action  may  properly  be  reversed  by  the  county  superintendent.  In  this  case  we 
do  not  discover  that  the  board  has  in  any  manner  failed  in  the  proper  perform- 
ance of  its  duty.  REVERSED. 

ALONZO  ABERNETHY, 

July  7,  1875.  Superintendent  of  Public  Instruction. 


18  SCHOOL  LAW   DECISIONS. 

B.  D.  BACON  et  al.  v.  DISTRICT  TOWNSHIP  OF  LIBERTY. 
Appeal  from  Woodbury  County. 

BOARD  OF  DIRECTORS.     The  action  of  the  board  cannot  be  reversed  upon  the- 
allegations  of  appellant  without  proof,  or  by  reason  of  failure  to  make  defense. 
BOARD  OF  DIRECTORS.     The  acts  of  the  board  are  presumed  to  be  regular,  legal, 
and  just,  and  should  be  affirmed  unless  proof  is  brought  to  show  the  contrary. 
TESTIMONY.     The  superintendent  should  afford  full  opportunity  for  the  intro- 
duction of  testimony,  and  the  examination  of  witnesses  should  be  so  conducted  as 
to  disclose  all  material  facts.     What  is  shown  by  the  plat  need  not  also  be  pre- 
sented orally. 

The  county  superintendent  sustained  the  board  in  locating  the  site  for  a  new 
schoolhouse  where  the  old  one  now  stands.  B.  D.  Bacon  et  al.  appeal. 

The  peculiarity  of  this  case  is  that  at  the  trial  before  the  county  superintendent 
no  oral  testimony  was  introduced  by  the  appellant. 

It  is  the  duty  of  the  county  superintendent  to  afford  full  opportunity  to  the 
appellant  to  present  evidence,  and  it  is  desirable  that  the  examination  of  witnesses 
should  be  so  conducted  that  every  material  fact  connected  with  the  case  shall  be 
disclosed.  But  the  action  of  the  board  cannot  be  reversed  upon  the  allegations  of 
the  appellant  without  proof,  or  by  reason  of  failure  of  the  board  to  be  present  and 
make  defense.  The  acts  of  the  board  are  presumed  to  be  regular,  legal,  and  just, 
and  should  be  affirmed  by  the  county  superintendent  upon  appeal,  unless  proof  is 
brought  to  show  the  contrary. 

The  plats  furnished  with  the  transcript  in  this  case  are  unusually  minute,  and 
it  is  possible  that  they  were  regarded  as  showing  the  material  facts  relating  to 
the  case.  What  is  shown  by  the  plat,  need  not  be  also  presented  orally,  but  any 
additional  facts  may  properly  be  so  shown.  From  the  plat  and  affidavits,  it 
appears  that  the  appellants  desire  the  schoolhouse  site  to  be  located  about  one- 
half  mile  south  of  the  site  on  which  the  board  resolved  to  erect  a  new  house.  The 
location  of  roads  and  dwellings  in  the  subdistrict  would  seem  to  indicate  that  the 
point  selected  by  the  board  will  quite  as  well  subserve  the  convenience  of  the 
inhabitants  as  that  desired  by  the  appellants.  Under  these  circumstances  the 
discretionary  power  of  the  board  cannot  properly  be  interfered  with.  AFFIRMED. 

ALONZO  ABERNETHY, 

August  30,  1875.  Superintendent  of  Public  Instruction. 

E.  GOSTING  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Plymouth  County. 

SCHOOLHOUSE  SITE.     The  action  of  a  committee  appointed  by  the  board  to  locate 
a  site  is  of  no  force  until  officially  adopted  by  the  board  while  in  session. 
SCHOOLHOUSE  SITE.     Subdistrict  boundaries  cannot  be  changed  in  an  appeal 
relating  solely  to  locating  a  site,  nor  can  a  site  be  located  with  the  expectation 
that  boundaries  will  be  changed,  unless  such  intention  of  the  board  is  shown. 
JURISDICTION.     The  county  superintendent  has  jurisdiction  only  of  the  matter  to 
which  the  appeal  relates. 

APPEAL.  The  right  of  appeal  is  confined  to  persons  injuriously  affected  by  the- 
decision  or  order  complained  of.  Ordinarily  a  person  living  in  one  subdistrict 
cannot  appeal  from  an  action  of  the  board  locating  a  site  in  another. 

A  committee  appointed  to  locate  a  schoolhouse  site  for  the  accommodation  of 
the  residents  of  subdistricts  number  seven  and  nine,  reported  that  it  had  selected 
the  northwest  corner  of  section  ten,  and  afterward  that  it  had  chosen  instead,  a 
site  about  eighty  rods  east  of  the  northwest  corner  of  section  eleven.  There  is 
no  record  showing  that  any  action  was  taken  in  relation  to  these  reports. 

Subdistrict  number  nine  consists  of  the  east  one-half  of  congressional  township 
number  90,  range  45.  The  appellant  resides  in  subdistrict  number  seven,  which 
comprises  the  west  one-half  of  the  same  congressional  township.  The  decision  of 


SCHOOL  LAW   DECISIONS.  19' 

the  county  superintendent  is  as  follows:  "After  considering  the  evidence  and 
the  plat  introduced,  I  sustain  the  committee  in  its  first  location  at  the  northwest, 
corner  of  section  ten  of  said  township."  D.  M.  Relyea  appeals. 

The  power  to  locate  schoolhouse  sites  is  vested  in  the  board  of  directors. 
The  action  of  a  committee  appointed  by  the  board  to  locate  a  schoolhouse  site  is 
of  no  force  until  its  report  is  officially  adopted  by  the  board  while  in  session. 

Section  1725  provides  that  the  board  "shall  determine  where  pupils  may 
attend  school;  and  for  this  purpose  may  divide  their  district  into  such  subdistricts 
as  may  by  them  be  deemed  necessary."  The  object  of  dividing  a  district  town- 
ship into  subdistricts  is  to  determine  where  pupils  shall  attend  school.  While  it 
is  frequently  the  case  that  pupils  may  more  conveniently  attend  school  in  an  adjoin- 
ing subdistrict,  it  would  obviously  be  improper  to  locate  a  schoolhouse  site 
expressly  for  the  accommodation  of  such  pupils,  unless  with  the  intention  of  sub- 
sequently making  a  redivision  of  the  district  township.  The  county  superintend- 
ent has  jurisdiction  only  of  the  matter  to  which  the  appeal  relates.  He  cannot 
properly  upon  an  appeal  relating  to  the  location  of  a  schoolhouse  site  change 
subdistrict  boundaries,  nor  can  he  locate  a  schoolhouse  site  with  the  expectation 
that  such  boundaries  will  ultimately  be  changed,  unless  such  is  shown  to  be  the 
intention  of  the  board. 

The  right  to  appeal  from  actions  of  the  board  is  confined  to  persons  injuriously 
affected  by  the  decision  or  order  of  which  complaint  is  made.  Ordinarily,  a. 
person  living  in  one  subdistrict  cannot  properly  appeal  from  an  action  of  the 
board  locating  a  schoolhouse  site  in  another 

The  decision  of  the  county  superintendent  is  set  aside,  and  the  location  of  the- 
schoolhouse  site  is  left  to  the  discretion  of  the  board.  REVERSED. 

ALONZO   ABERNETHY, 

September  7,  1875.  Superintendent  of  Public  Instruction. 


J.  E.  BROWN  v.  DISTRICT  TOWNSHIP  OF  VAN  METER. 
Appeal  from  Dallas  County. 

APPEAL.     The  adoption  of  the  committee's  report  in  favor  of  retaining  the  old. 
schoolhouse  site,  is  an  action  from  which  appeal  may  be  taken. 
BOARD  OF  DIRECTORS.     The  action  of  the  board  cannot  be  reversed  upon  the 
allegations  of  appellant  without  proof,  or  by  reason  of  failure  to  make  defense. 
BOARD  OF  DIRECTORS.     The  acts  of  the  board  are  presumed  to  be  regular,  legal 
and  just,  and  should  be  affirmed  unless  proof  is  brought  to  show  the  contrary. 
SUBDISTRICT  BOUNDARIES.     The  acts  of  a  board  changing  subdistrict  bound- 
aries and  locating  schoolhouses  are  so  far  discretionary  that  they  should  be 
affirmed  on  appeal,  unless  it  is  shown  beyond  a  doubt  that  there  has  been  an  abuse 
of  discretion. 

COUNTY  SUPERINTENDENT.  The  weight  that  properly  attaches  to  the  discre- 
tionary actions  of  a  tribunal  vested  with  original  jurisdiction,  does  not  apply  to- 
the  decisions  of  an  inferior  appellate  tribunal. 

The  county  superintendent  reversed  the  action  of  the  board  in  selecting  the 
old  site  in  subdistrict  number  two,  upon  which  to  erect  a  schoolhouse,  and  located 
the  site  about  eighty  rods  westward  of  the  old  one.  From  this  decision  the  dis- 
trict township  appeals,  claiming  in  substance  that  the  county  superintendent 
erred  as  follows:  That  there  was  no  action  of  the  board  relative  to  the  selection 
of  a  schoolhouse  site  in  subdistrict  number  two  from  which  an  appeal  would  lie; 
that  the  board  failed,  by  reason  of  a  misunderstanding,  to  appear  and  defend,  and 
that  it  was  unjustly  refused  a  rehearing;  that  the  old  site  was  suitable,  convenient 
and  at  the  center  of  population,  both  present  and  prospective,  and  that  the 
reversal  of  the  action  of  the  board  was  without  sufficient  cause,  there  being  no- 
evidence  that  it  abused  its  discretionary  power  or  acted  with  injustice. 

From  the  transcript  it  appears  that  a  committee  was  appointed  to  select  a  site 
for  the  erection  of  a  schoolhouse  in  subdistrict  number  two:  that  it  reported  in. 


20  SCHOOL  LAW  DECISIONS. 

favor  of  the  old  site,  and  that  its  report  was  adopted  by  the  board.  The  law  pro- 
vides that  an  appeal  may  be  taken  by  any  party  aggrieved,  from  any  order  or 
•decision  of  the  board. 

That  there  was  an  action  of  the  board,  and  that  the  subject-matter  to  which 
•such  action  relates  is  the  location  of  a  schoolhouse  site  in  subdistrict  number 
two,  there  can  be  no  reasonable  doubt,  hence  the  action  of  the  board  was  subject 
to  appeal,  and  such  appeal  gave  to  the  county  superintendent  jurisdiction  in  the 
matter  of  location  of  said  schoolhouse  site. 

It  is  the  duty  of  the  county  superintendent  to  give  due  notice  to  all  parties 
•directly  interested  in  an  appeal  from  the  board,  and  to  afford  full  opportunity  for 
the  presentation  of  evidence,  but  the  action  of  the  board  cannot  properly  be 
reversed  upon  the  allegations  of  the  appellant  without  proof,  or  by  reason  of  the 
failure  of  the  board  to  be  present  and  make  defense.  The  acts  of  the  board  are 
presumed  to  be  regular,  legal  and  just,  and  should  be  affirmed  by  the  county 
-superintendent,  unless  proof  is  brought  to  show  the  contrary.  In  this  case,  how- 
ever, the  board  appears  to  have  had  due  notice  and  ample  opportunity  to  defend 
the  case.  It  is  not  claimed  that  any  additional  evidence  could  be  produced  that 
would  materially  affect  the  issue;  but  that  the  board,  understanding  through 
•popular  report  that  the  case  was  withdrawn,  failed  to  be  present  at  the  trial,  and 
mpon  this  ground  asks  for  a  rehearing,  which  was  very  properly  refused. 

The  site  selected  by  the  county  superintendent  is  nearly  central,  being  eighty 
rods  west  of  that  chosen  by  the  board.  Both  appear  to  be  suitable.  The  eastern 
part  of  the  subdistrict  is  mostly  prairie  land,  while  the  western  portion  is,  to  a 
considerable  extent,  timber  land 

The  evidence  as  to  which  site  will  better  serve  the  interests  and  convenience 
of  the  residents  of  the  subdistrict  is  conflicting  The  board  is  entitled  to  the 
benefit  of  any  doubt  upon  this  point.  Unless  it  is  clearly  proven  that  it  has 
violated  law,  abused  its  discretionary  power,  or  has  acted  with  manifest  injustice, 
its  action  should  be  affirmed. 

It  is  urged  'by  the  appellee  that  the  same  weight  attaches  to  actions  of  an 
inferior  appellate  tribunal,  upon  appeal,  that  is  given  to  tribunals  having  original 
jurisdiction.  It  is  held  that  the  action  of  the  board  in  matters  of  which  it 
lias  original  jurisdiction,  is  alone  entitled  to  this  consideration  by  any  superior 
tribunal  upon  appeal.  REVERSED. 

ALONZO  ABEBNETHY, 

September  17.,  1875.  Superintendent  of  Public  Instruction. 


MARY  M.  THOMPSON  v.  DISTRICT  TOWNSHIP  OF  JASPER. 
Appeal  from  Adams  County. 

'TEACHER.     When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action  in 

the  courts  of  law  will  afford  him  a  speedy  and  adequate  remedy;  when  discharged 

for  incompetency,  dereliction  of  duty,  or  other  cause  affecting  his  qualifications 

as  a  teacher,  he  has  the  right  of  appeal. 

TEACHER.     The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the  sub- 

•director  and  board  in  all  matters  pertaining  to  the  conduct  and  welfare  of  the 

.school. 

The  board  discharged  the  teacher  in  one  of  the  public  schools  of  the  district 
for  dereliction  of  duty.  She  appealed  to  the  county  superintendent,  who  reversed 
its  decision;  from  this  action,  the  board,  through  its  president,  appeals. 

At  the  hearing  before  the  county  superintendent  the  board  filed  a  motion  to 
.dismiss  the  case  for  want  of  jurisdiction,  insisting  that  the  teacher  having  been 
•dismissed  in  accordance  with  the  provisions  of  section  1734,  her  proper  remedy 
was  an  action  at  law  for  damages. 

When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action  in  the 
<courts  of  law,  on  the  contract,  will  afford  him  a  speedy  and  adequate  remedy 


SCHOOL  LAW  DECISIONS.  21 

when  discharged  for  incompetency,  dereliction  of  duty,  or  other  cause  affecting* 
his  qualifications  as  a  teacher,  he  has  the  right  of  appeal  to  the  county  superin- 
tendent, who  is  the  proper  officer  to  review  questions  of  this  character,  and  to 
determine  whether  the  board  has  in  the  exercise  of  its  authority  violated  the  law 
or  abused  its  discretionary  power.  Questions  concerning  the  validity  of  contracts, 
the  right  to  recover  for  services  performed,  and  the  interpretation  of  law,  belong 
especially  to  judicial  tribunals.  Questions  concerning  the  character  and  qualifi- 
cations of  the  teacher,  and  his  management  of  the  school,  are,  by  appeal,  within 
the  jurisdiction  of  the  county  superintendent.  The  motion  to  dismiss  was 
properly  overruled. 

The  charges  of  dereliction  were  want  of  promptness  in  commencing  school  in 
the  morning,  and  an  occasional  refusal  to  hear  the  recitation  of  one  or  more  of 
her  pupils.  For  this  dereliction  there  appears  to  have  been  some  extenuating 
circumstances.  Under  the  contract  it  was  the  subdirector's  duty  to  have  fires, 
built.  The  boy  employed  to  do  this  work  often  failed  to  have  the  schoolhouse  iru 
comfortable  condition  at  nine  o'clock.  The  teacher  usually  made  up  lost  time  by 
teaching  after  four  o'clock,  and  there  is  no  evidence  that  the  subdirector  or  board 
ever  advised  her  with  regard  to  the  performance  of  her  duties.  The  board  con- 
vened at  the  schoolhouse  without  previous  notice  to  the  teacher,  and  after  taking 
the  testimony  of  pupils,  unanimously  voted  to  discharge  her.  AFFIRMED. 

ALONZO  ABERNETHY, 

May  8,  1876.  Superintendent  of  Public  Instruction. 


S.  W.  WOODS  et  al.  v.  DISTRICT  TOWNSHIP  OF  BRIGHTON. 
Appeal  from  Cass^County. 

BOARD  OF  DIRECTORS  The  acts  of  the  board  must  be  presumed  to  be  regular, 
and  should  be  affirmed  unless  positive  proof  is  brought  to  show  the  contrary. 
SCHOOLHOUSE  SITE.  The  prospective  wants  of  a  subdistrict  may  properly  have- 
weight  in  determining  the  selection  of  a  site,  when  such  selection  becomes  neces- 
sary, but  not  in  securing  the  removal  of  a  schoolhouse  now  conveniently  located. 
SCHOOLHOUSE  SITE.  To  make  a  distinction  between  the  children  of  freeholders- 
and  those  of  tenants  in  determining  the  proper  location  for  a  schoolhouse,  is 
contrary  to  the  spirit  and  intent  of  our  laws. 

The  board  by  a  vote  of  five  to  two  rejected  a  petition  asking  the  removal  of  the 
schoolhouse  in  subdistrict  number  eight.  On  appeal  the  county  superintendent 
reversed  the  action  of  the  board,  and  ordered  the  removal  of  the  schoolhouse  to 
the  place  named  in  the  petition.  Wm.  P.  Altig  appeals. 

Subdistrict  number  eight  contains  sections  27,  28,  33,  34,  and  sixty  acres  lying- 
in  section  32,  and  has  a  good  commodious  schoolhouse,  erected  three  years  agor 
one-half  mile  west  of  the  center,  on  a  public  road  passing  east  and  west  through 
the  center  of  the  subdistrict.  There  are  about  thirty  children  of  school  age 
in  the  subdistrict,  twenty-two  of  whom  reside  in  the  western  half,  and  nineteen 
west  of  the  present  site.  All  those  residing  east  of  the  present  site,  except  one 
child,  are  within  one  and  a  half  miles  of  the  schoolhouse,  while  by  the  proposed 
removal,  a  large  number  would  be  at  a  greater  distance. 

The  action  of  the  board  in  refusing  to  remove  a  schoolhouse  should  not  be 
interfered  with  on  appeal,  except  upon  evidence  of  violation  of  law,  or  abuse  of 
discretionary  power.  In  this  case  there  is  no  evidence  of  such  abuse.  The  pros- 
pective wants  of  a  subdistrict  may  properly  have  weight  in  deter  mining  the  selec- 
tion of  a  site  upon  which  to  build  a  schoolhouse,  when  such  a  selection  becomes 
necessary,  but  not  in  determining  the  removal  of  a  house,  located  conveniently 
for  the  present  wants  of  the  subdistrict. 

It  appears  that  a  considerable  portion  of  the  school  population  consists  of  the 
children  of  tenants,  and  much  stress  is  laid  upon  the  assumed  distinction  that 
should  be  made  between  the  children  of  tenants  and  those  of  freeholders,  in 


22  SCHOOL  LAW   DECISIONS. 

determining  the  proper  location  of  the  schoolhouse.  Distinctions  based  upon  the 
ownership  of  property  or  permanence  of  residence  are  not  made  in  the  law,  would 
not  well  comport  with  the  fundamental  principles  upon  which  our  public  school 
system  is  based,  and  should  not  have  weight  in  determining  the  location  of  school- 
house  sites.  It  is  the  duty  of  the  board  to  provide  equal  school  facilities  for  the 
youth  of  the  district  as  far  as  practicable,  regardless  of  considerations  relating  to 
permanence  of  residence.  The  schoolhouse  may  properly  be  removed  whenever 
the  conditions  of  the  subdistrict  require  it,  but  unnecessary  expense  should  not 
be  incurred  in  such  removal  in  anticipation  of  possible,  or  even  probable,  changes 
>of  this  character.  REVERSED. 

ALONZO  ABERNETHY, 
July  31,  1876.  Superintendent  of  Public  Instruction. 


J.  N.  ARTHUR  et  al.  v.  INDEPENDENT  DISTRICT  OF  FAIRWAY 
Appeal  from  Adams  County. 

SCHOOLHOUSE  SITES.     The  necessities  of  the  present  must  be  observed  in  locat- 
ing schoolhouse  sites,  in  preference  to  the  probabilities  of  the  future. 
TESTIMONY.     New  testimony  can  be  introduced  only  when  the  facts  materially 
affecting  the  case  could  not  have  been  known  before  the  trial. 
REMANDING  OF  CASES.     When  the  evidence  discloses  that  the  action  of  the 
board  was  unwarranted,  and  the  facts  are  not  sufficiently  shown  to  determine 
what  should  be  done,  the  case  should  be  remanded  to  the  board. 

In  this  case  the  board  made  an  order  relocating  the  schoolhouse  site,  from  this 
order  J.  N.  Arthur  and  others,  residents  of  the  district,  appealed  to  the  county 
superintendent,  and  upon  his  affirming  the  action  of  the  board,  to  the  superin- 
tendent of  public  instruction. 

The  district  consists  of  sections  'one,  two,  eleven,  twelve,  thirteen  and  four- 
teen, and  the  old  schoolhouse  stands  near  the  southwest  corner  of  the  southeast 
quarter  of  section  one.  The  proposed  new  site  is  in  the  northwest  corner  of  the 
;youthwest  quarter  of  the  northwest  quarter  of  section  twelve,  on  a  public  high- 
way, and  one-quarter  of  a  mile  north  of  the  geographical  center  of  said  district. 

The  grounds  of  objection  by  the  appellants  to  the  removal  are  substantially, 
that  the  new  site  is  on  low  bottom  lands  and  subject  to  overflow,  not  accessible  at 
all  times  of  the  year,  and  that  it  is  not  as  near  the  center  of  the  school  population 
as  the  old  site.  They  also  suggest  that  a  location  at  the  cross  roads  one-half  mile 
cast  of  the  new  site  is  better  ground  and  more  convenient  to  the  people.  In  fix- 
ing the  schoolhouse  site,  the  geographical  position  and  the  convenience  of  the 
people  of  each  portion  of  the  district  should  be  considered. 

From  the  large  amount  of  testimony  it  is  evident  that  the  new  site  chosen  is 
in  a  low  place,  and  an  affidavit  sent  to  this  office,  and  signed  by  a  number  of  resi- 
dents, proves  beyond  question  that  the  site  has  been  overflowed  for  several  days 
of  the  last  month.  By  a  close  comparison  it  is  found  that  the  number  of  residents 
who  will  have  their  distance  to  school  increased  by  choosing  the  new  site,  is 
greater  than  of  those  who  will  have  their  distance  diminished.  By  locating  the 
schoolhouse  at  the  cross  roads,  one-half  mile  east  of  the  proposed  new  site,  which 
location  is  claimed  to  be  higher,  and  therefore  less  liable  to  overflow,  three- 
fourths  of  the  residents  will  have  their  distance  diminished  by  forty  to  one  hun- 
dred and  sixty  rods. 

Although  it  may  be  true,  as  is  affirmed  in  the  testimony,  that  the  western  part 
of  the  district  is  as  capable  of  settlement  as  the  eastern  part,  the  necessities  of 
the  present  must  be  observed  in  locating  schoolhouse  sites,  in  preference  to  the 
probabilities  of  the  future.  While  it  is  the  rule  of  this  department  to  sustain 
discretionary  acts  of  the  board,  it  seems  that  in  this  case  the  true  interest  of  all 
concerned,  and  justice  to  a  large  portion  of  the  people,  demands  that  the  school- 
house  should  not  be  moved  to  the  new  site  chosen. 


SCHOOL  LAW  DECISIONS.  23 

To  what  extent  the  high  waters  of  last  month  did  affect  the  other  locations 
•under  consideration,  is  not  known  to  this  department;  it  is  therefore  best  to  let 
the  matter  come  up  anew  before  the  county  superintendent  for  a  rehearing.  The 
decision  of  the  county  superintendent  is  therefore  reversed,  and  the  case 
remanded  for  a  rehearing,  with  the  direction  from  this  department  that  the  pro- 
posed new  site  is  an  unsuitable  one  for  school  purposes.  REVERSED. 

C.  W.  VON  COELLN, 
!/bcr  31,  1876.  Superintendent  of  Public  Instruction. 

Y 

v.  INDEPENDENT  DISTRICT  OF  LIBERTY. 

Appeal  from  Monroe  County. 

Quo  WARRANTO.  The  only  proper  means  of  affirming  the  right  to  exercise  the 
privileges  of  an  office,  or  to  contest  the  illegal  exercise  of  the  same,  is  set  forth  in 
sections  3345-3352. 

This  is  an  action  brought  to  compel  the  board  to  recognize  a  member  elect.  The 
evidence  in  the  case  seems  to  show  that  the  appellant  was  duly  elected  and  quali- 
fied, and  that  on  presenting  himself  at  the  meeting  of  the  board,  he  was,  by  vote 
of  the  board,  debarred  from  acting,  and  another  person  admitted  as  a  member. 
From  this  order  of  the  board  he  appealed  to  the  county  superintendent,  who  dis- 
missed the  case  for  want  of  jurisdiction,  and  Mr.  Buzzard  again  appeals. 

It  has  been  the  uniform  decision  of  this  department  that  the  right  or  title  to 
office  cannot  be  determined  by  any  authority  other  than  a  court  of  law.  We  are 
compelled  to  agree  with  former  opinions,  by  supreme  court  decisions,  16  Iowa, 
371,  17  Iowa,  368,  22  Iowa,  75,  in  which  the  fact  that  an  information  quo  warranto 
is  the  only  proper  means,  legally,  to  affirm  the  right  to  exercise  the  privileges 
of  an  office  or  to  contest  the  illegal  exercise  of  the  same,  is  clearly  set  forth. 

In  all  cases  over  which  we  have  jurisdiction,  our  decision  is  final;  hence,  if  for 
no  other  reason,  we  cannot  assume  jurisdiction  in  this  matter,  as  both  parties 
have  access  to  the  courts,  as  provided  by  sections  3345-3352  of  the  Code.  The 
county  superintendent,  therefore,  very  properly  decided  to  dismiss  the  appeal, 
and  his  order  is  hereby  AFFIRMED. 

C.  W.  VON  COELLN, 

July  2,  1877.  Superintendent  of  Public  Instruction. 


J.  J.  WILSON  et  al.  v.  DISTRICT  TOWNSHIP  OF  MONROE. 
Appeal  from  Mahaska  County. 

COUNTY  SUPERINTENDENT.    The    county    superintendent    is  not  limited  to  a 

reversal  or  affirmance  of  the  action  of  the  board,  but  he  determines  the  same 

questions  which  it  had  determined. 

SCHOOLHOUSE  SITE.     The  location  of  a  schoolhouse  can  be  dependent  upon  a 

change  of  boundaries  only  when  it  is  shown  in  evidence  that  it  is  the  definite  and 

positive  intention  to  make  such  a  change. 

HIGHWAY,     If  possible,  every  schoolhouse  site  should  be  upon  a  public  highway. 

COUNTY  SUPERINTENDENT.    May  make  a  conditional  ruling,  by  which  his  own 

decision  will  be  governed. 

On  the  14th  day  of  April,  1877,  the  board  located  the  site  for  a  schoolhouse. 
Prom  its  action,  J.  J.  Wilson  and  others  appealed  to  the  county  superintendent, 
alleging  that  the  board  had  erred  in  making  the  location,  in  that,  by  reason  of 
distance  owing  to  the  location  of  the  roads,  the  location  as  made  effectually 
deprived  many  of  the  subdistrict  of  the  privilege  of  attendance  at  school.  On 
trial,  the  county  superintendent  reversed  the  action  of  the  board,  and  located  a 
new  site.  From  his  decision  the  board  appeals,  claiming  that  the  county  super- 
intendent erred  in  selecting  a  site  entirely  different  from  those  with  reference  to 
which  testimony  was  taken;  that  it  is  on  the  extreme  east  line  of  said  subdistrict, 


24  SCHOOL  LAW  DECISIONS. 

and  hence  cannot  be  called  at  all  central;  that  the  board  took  into  account  ira 
making  the  location,  the  possibility  of  a  change  in  the  northern  boundary  of  the^ 
subdistrict,  which  would  make  the  situation  chosen  a  suitable  one  for  the  remain- 
ing subdistrict;  that  a  portion  of  his  decision  was  conditional  and  void;  and  that 
the  board  did  not  abuse  its  discretion  by  making  the  location  as  it  did. 

The  assumption  that  the  county  superintendent  did  not  have  the  right  to 
locate  a  schoolhouse  site  differing  in  location  from  the  one  made  by  the  board,  or 
the  one  petitioned  for  by  the  appellants,  is  a  mistake.  See  John  Clark  v.  District 
Township  of  Wayne,  School  Law  Decisions  of  1876,  page  47;  also  the  opinion  of  the' 
attorney-general  in  Iowa  School  Journal  for  April,  1866,  in  which  the  following- 
ruling  was  made:  "The  county  superintendent  is  not  limited  to  a  reversal  or- 
affirmance  of  the  action  of  the  board,  but  he  determines  the  same  questions  which; 
it  had  determined." 

The  nature  of  the  subdistrict  is  peculiar.  It  is  long  and  narrow,  and  its 
western  boundary,  the  North  Skunk  river,  which  also  makes  nearly  all  its  south- 
ern boundary,  is  a  disturbing  element  when  we  attempt  to  locate  the  site  of  a 
schoolhouse  to  accommodate  all  the  people.  While  under  ordinary  circumstances 
a  site  near  the  boundary  of  a  subdistrict  would  be  unadvisable,  in  this  case  it 
seems  necessary,  unless  additional  road  facilities  can  be  secured.  The  site  selected 
by  the  county  superintendent  is  clearly  the  one  best  calculated  to  accommodate 
the  whole  subdistrict  as  constituted  at  present. 

The  location  of  a  schoolhouse  site  can  be  dependent  upon  a  change  of  bound- 
aries only  when  it  is  shown  in  evidence  that  it  is  the  intention  of  the  board,  or- 
boards,  to  make  such  change.  In  this  case,  it  is  not  claimed  that  any  change  is; 
actually  intended  or  expected.  The  limit,  as  made  provisionally  by  the  county- 
superintendent,  of  thirty  days  for  such  changes  of  roads  as  would  make  a  more- 
central  location  feasible  and  desirable,  was  too  short  a  time,  under  the  provisions 
of  law,  to  effect  the  result.  For  that  reason  we  shall  extend  the  time  for  the- 
establishment  of  a  road  to  ninety  days  from  the  date  of  his  decision,  or  to  such 
time  as  the  board  of  directors  may  show  to  be  necessary  to  establish  the  road,, 
provided  that  immediate  steps  shall  be  taken  to  bring  about  the  result,  if  desiredu 

The  discretion  of  the  board  was  evidently  abused  in  not  providing  equal  school 
facilities  for  those  living  in  the  northern  portion  of  the  subdistrict,.  by  the 
location  of  the  schoolhouse  site. 

In  case  the  road  contemplated  is  secured,  the  board  may  locate  the  site  thereon,. 
as  near  the  center  of  the  subdistrict  as  good  and  suitable  ground  can  be  found. 
If  no  steps  are  taken  to  secure  such  a  road,  or  in  case  the  road  cannot  be  pro- 
cured, the  location  last  chosen  by  the  county  superintendent  is  to  be  regarded  as- 
the  site,  and  his  decision  is  hereby  AFFIRMED.. 

C.  W.  VON  COELLN, 

August  7,  1877.  Superintendent  of  Public  Instruction. 


WM.  DONALD  v.  DISTRICT  TOWNSHIP  OF  SOUTH  FORK. 
Appeal  from  Wayne  County. 

SALARY  OF  TEACHERS.    The  salary  of  teachers  should  be  in  proportion  to  their 

ability  and  responsibility,  and  not  equal  when  these  differ  materially 

SALARY  OF  TEACHERS.     The  control  of  salaries  is  wholly  within  the  power  of 

the  board  and  cannot  be  determined  by  an  appeal,  because  it  is  not  within  the 

jurisdiction  of  county  or  state  superintendent  to  order  the  payment  of  money. 

EXPLANATORY  NOTES.     Notes  to  the  school  law,  while  proper  aids  to  school 

officers,  have  not  the  binding  force  of  law,  and  a  noncompliance  with  them  is  not 

necessarily  a  violation  of  law. 

SCHOOLS.    The  wealthier  portions  of  the  community  should  aid  their  neighbors 

in  sustaining  good  schools. 


SCHOOL   LAW   DECISIONS.  25 

On  the  18th  day  of  March,  1878,  the  board  made  an  order  fixing  the  salaries  of 
teachers  for  the  summer  schools  at  the  uniform  price  of  twenty  dollars  per  month. 
From  this  action  William  Donald  appealed  to  the  county  superintendent,  who 
affirmed  the  action  of  the  board.  From  his  decision  William  Donald  appeals. 

It  is  alleged  by  the  appellant  that  the  county  superintendent  erred  in  decid- 
ing that  the  board  did  not  violate  law  in  voting  that  the  same  amount  of  salary 
should  be  paid  to  the  teacher  in  each  subdistrict.  It  is  claimed  that  the  board 
should  have  provided  for  a  higher  salary  in  some  schools  of  the  township. 

The  difficulty  with  appellant's  counsel  is  that  he  believes  the  note  to  be  a  part 
of  the  law.  My  predecessor  gave  his  own  views  of  the  employment  of  teachers 
and  I  most  fully  agree  with  him  in  his  view.  The  law  leaves  the  whole  matter  to 
the  board  and  presumes  that  it  will  deal  equitably.  Unfortunately,  selfishness  is 
a  nearly  universal  characteristic  of  human  kind,  and  too  often  the  majority, 
representing  weak  subdistricts,  weak  both  in  numbers  and  in  property,  demands 
an  equal  distribution  of  the  money  on  hand  for  teachers'  pay. 

The  law  organizing  the  rural  independent  districts,  passed  in  1872,  arose  from 
the  feeling  that  this  selfishness  was  working  injustice  to  little  towns  and  wealthy 
and  populous  subdistricts.  The  creation  of  these  independent  districts  works  an 
injustice  to  the  weaker  districts,  for  it  is  proper  and  desirable  that  the  wealthier 
districts  should  aid  their  weaker  neighbors  to  sustain  fair  schools. 

With  regard  to  this  case,  we  do  not  see  wherein  the  board  violated  law.  The 
idea  of  prejudice  is  slightly  apparent  from  the  testimony,  but  not  sufficiently  to 
reverse  the  action  of  the  board.  That  equity  has  not  been  observed  seems  very 
evident,  for  it  must  be  presumed  that  a  larger  school  population  requires  a  better 
teacher,  and  if  a  better  and  more  experienced  teacher  is  needed,  a  better  salary 
ought  to  be  paid.  There  are  other  considerations.  Usually  the  expense  of  liv 
ing  is  greater  in  the  town  than  in  the  country.  It  is  also  the  probability  that  a 
larger  tax  is  paid  by  the  town  than  by  the  country. 

We  are  not  able  at  this  distance  to  determine  whether  twenty  dollars  is  a 
sufficient  compensation  for  the  teacher  of  subdistrict  number  four  of  South  Fork. 
But  if  twenty  dollars  is  only  sufficient  compensation  for  the  country  subdistricts, 
H  is  our  belief  that  a  higher  salary  should  be  given  the  teacher  in  the  town. 

It  is  out  of  our  jurisdiction  to  give  advice  to  the  board  what  to  do  in  this  case, 
after  determining  that  we  have  no  power  to  reverse  its  action,  but  we  suggest 
that  equity  would  be  served  if  it  should  pay  the  five  dollars  per  month  assumed 
by  Mr.  Anderson.  After  giving  our  views  thus  in  full,  we  must  agree  with  the 
county  superintendent,  and  his  decision  is  therefore  AFFIRMED. 

C.  W.  VON  COELLN, 

June  29,  1878.  Superintendent  of  Public  Instruction. 


JAMES  JACOBY  et  al.  v.  INDEPENDENT  DISTRICT  OF  NODAWAY. 
Appeal  from  Adams  County. 

SCHOOLHOUSE  SITE.  ^  A  schoolhouse  site  fixed  by  county  or  state  superintendent 
affirming  the  discretionary  act  of  the  board,  allows  the  board  to  exercise  its  dis- 
cretion again,  especially  if  material  changes  have  occurred. 

DISCRETIONARY  ACTS.  Suggestions  from  the  electors  upon  matters  entirely 
within  the  control  of  the  board  will  in  no  manner  prevent  the  fullest  exercise  of 
the  discretion  vested  in  the  board  by  the  law. 

SCHOOLHOUSE  SITE.  The  endeavor  to  show  regard  for  the  expressed  wishes  of 
the  electors  in  the  choice  of  a  site  will  be  an  added  reason  in  support  of  the  action 
of  the  board. 

In  the  summer  of  1877,  the  board  located  a  schoolhouse  site,  selecting  one  not 
desired  by  a  large  majority  of  the  electors,  as  expressed  at  an  informal  meeting 
called  by  the  board.  An  appeal  was  taken  to  the  county  superintendent,  who 
reversed  the  action  of  the  board,  and  in  turn  to  the  superintendent  of  public 


26  SCHOOL  LAW   DECISIONS. 

instruction,  who  reversed  the  decision  of  the  county  superintendent,  thereby  sus- 
taining the  action  of  the  board,  on  the  ground  that  abuse  of  the  discretion  given 
by  the  law  to  the  board,  as  charged,  was  not  proved. 

Since  the  decision  above  referred  to  was  rendered,  a  dwelling  has  been  erected 
within  twenty  rods  of  the  site  chosen.  Also,  a  material  addition  has  been  made 
to  the  district  on  its  east  side  of  a  strip  of  land  three  miles  in  length  and  one-half 
mile  in  width. 

At  a  meeting  of  the  board  held  April  22,  1878,  it  relocated  the  schoolhouse 
site,  choosing  the  old  site  in  place  of  the  one  selected  by  it  last  year.  From  its 
action  James  Jacoby  and  others  appealed  to  the  county  superintendent,  who 
affirmed  the  order  of  the  board.  D.  Shipley  and  Ed.  Kennedy  appeal. 

This  case  was  before  us  last  year  and  we  affirmed  the  action  of  the  board  in 
selecting  the  new  site,  sustaining  the  discretionary  act  of  the  board.  Hence,  the 
principle  that  a  site  selected  by  the  county  or  state  superintendent  cannot  be 
changed  unless  there  have  been  material  changes  in  the  district,  does  not  apply. 
There  have  been  changes  by  the  addition  of  new  territory  and  a  dwelling  being 
erected  within  less  than  forty  rods  of  the  proposed  site.  The  choice  of  the  old 
site  is  in  conformity  with  the  wish  of  a  majority  of  the  electors,  and  does  not 
prove  any  abuse  of  discretion,  much  less  a  violation  of  law.  The  action  of  the 
board  is  sustained,  and  the  decision  of  the  superintendent  AFFIRMED. 

C.  W  VON  COELLN, 

August  26,  1878.  Superintendent  of  Public  Instruction. 

L.  E.  CORMACK  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Adams  County. 

JURISDICTION,     An  appeal  will  not  lie  to  enforce  a  contract. 

JANITORIAL,  SERVICES.     If  a  teacher  serves  as  janitor  in  sweeping  the  room  and 

building  fires,  he  should  be  paid  from  the  contingent  fund  for  such  services. 

Mr.  Vandyke,  a  subdirector,  contracted  with  Mrs,  L.  E.  Cormack  as  teacher 
for  the  winter  term  of  scliool.  The  terms  of  the  contract  included  that  the 
teacher  was  to  receive  twenty-five  dollars  per  month  for  teaching  and  one  dollar 
and  twenty-five  cents  a  month  for  building  the  fires  and  sweeping  the  school- 
house.  The  board  refused  to  audit  the  full  account,  which  would  give  the  teacher 
pay  for  janitor's  work,  claiming  that  the  said  subdirector  exceeded  his  authority 
in  so  contracting.  Mrs.  Cormack  appealed  to  the  county  superintendent,  who 
reversed  the  action  of  the  board.  W.  C.  Potter,  president  of  the  board,  appeals. 

This  case  has  evidently  for  its  object  the  securing  of  money  on  contract,  and 
as  section  1836  prevents  county  and  state  superintendents  from  rendering  a  judg- 
ment for  money,  it  has  been  the  common  custom  to  refuse  to  entertain  any  appeal 
in  which  a  contract  is  to  be  decided  by  such  appeal;  for  this  reason  the  county 
superintendent  should  have  dismissed  the  case  for  want  of  jurisdiction. 

It  may  not  be  out  of  place  here  to  state  that  unless  a  contract  with  the  teacher 
provides  that  building  fires  and  sweeping  the  house  is  included,  the  board  can- 
not require  such  service  of  the  teacher.  The  payment  for  such  services  should 
come  from  the  contingent  fund  and  should  be  specifically  mentioned.  The 
teachers'  fund  is  not  to  be  used  for  paying  for  janitorial  services. 

Without  deciding  any  question  at  issue,  we  are  of  the  opinion  that  the  sub- 
director  did  not  exceed  his  authority  given  him  by  section  1753  when  he  agreed 
to  pay  a  reasonable  sum  for  janitorial  services  besides  the  twenty-five  dollars  paid 
under  instruction  from  the  board  for  teacher's  services.  But  since  we  do  not  con- 
sider the  case  within  our  jurisdiction  the  decision  of  the  county  superintendent 
is  reversed  and  the  case  DISMISSED. 

C.  W.  VON  COELLN, 

March  1,  1879.  Superintendent  of  Public  Instruction. 

NOTE— We  have  since  learned  that  the  teacher  recovered  in  a  suit  in  the  courts  at  law. 


SCHOOL  LAW  DECISIONS.  27 

W.  F.  RANKIN  v.  DISTRICT  TOWNSHIP  OF  LODOMILLO. 
Appeal  from  Clayton  County 

HECORDS  The  record  of  the  secretary  shall  be  considered  as  evidence,  and  can- 
not be  invalidated  by  parol  evidence  unless  there  is  proof  of  fraud  or  falsehood. 
TERRITORY  Where  territory  is  to  be  transferred  by  concurrent  action  of  two 
boards  to  the  district  to  which  it  geographically  belongs,  a  majority  of  the  mem- 
bers elect  is  not  necessary,  as  required  for  the  change  of  subdistrict  boundaries. 
APPEAL.  The  action  of  two  boards  upon  a  subject  over  which  they  have  divided 
control  constitutes  a  concurrent  action,  and  appeal  may  be  taken  only  from  the 
order  of  the  board  taking  action  last. 

This  appeal  relates  to  the  transfer  of  territory  in  the  civil  township  of  Cass, 
which  has  belonged  to  the  district  township  of  Lodomillo  since  1856,  to  the  town- 
ship to  which  it  geographically  belongs 

The  board  of  the  district  township  of  Cass  appointed  a  committee  to  meet  a 
committee  chosen  by  the  Lodomillo  board,  to  agree  upon  terms  of  transfer.  The 
district  township  of  Lodomillo  also  appointed  a  committee.  The  joint  committee 
agreed  upon  a  report,  which  the  board  of  Cass  adopted  September  16,  1878.  On 
the  12th  day  of  October,  1878,  the  Lodomillo  board,  by  a  vote  of  four  of  the  six 
members  present  of  a  board  of  ten,  also  adopted  the  report  and  accepted  the 
proposition  agreed  to  by  the  board  of  Cass. 

From  the  action  of  the  Lodomillo  board  W.  F,  Rankin  appealed  to  the  county 
.superintendent,  who  dismissed  the  case  for  want  of  jurisdiction,  and  stated  that 
the  action  of  the  board  was  plainly  in  violation  of  the  law,  since  section  1738 
requires  a  majority  of  the  board  to  change  the  boundaries  of  subdistricts  From 
this  decision  W.  F.  Rankin  appeals. 

The  secretary's  transcript  of  the  transactions  of  the  meeting  of  the  board  of 
Lodomillo,  held  October  12,  1878,  does  not  show  any  irregularity  in  the  trans- 
action, does  not  show  the  number  of  members  present,  nor  the  number  of  votes 
cast  by  which  the  motion  was  carried. 

According  to  a  well  established  principle  of  law  the  records  of  any  public  or 
private  corporation  must  be  considered  regular,  and  cannot  be  set  aside  by  parol 
evidence,  except  under  an  allegation  of  fraud,  Based  upon  the  evidence  of  the 
transcript  the  whole  transaction  was  carried  on  in  conformity  with  law,  and  we 
-can  see  no  reason  to  interfere  with  the  action  of  the  board  If  we  admitted  the 
testimony  of  M.  E.  Axtel,  showing  that  only  six  members  of  a  board  of  ten  were 
present,  and  that  four  of  these  six  voted  for  the  transfer,  we  would  still  hold  that 
said  transfer  was  legally  made.  The  action  of  the  board  was  not* a  change  of 
boundaries  of  subdistricts,  but  a  transfer  under  section  1798.  The  territory  trans- 
ferred, being  part  of  districts  organized  before  the  law  of  1858  took  effect,  could 
be  transferred  by  concurrent  action  of  the  boards  to  the  district  to  which  it  geo- 
graphically belongs,  and  the  limitation  of  section  1738,  requiring  a  majority  of 
the  board  to  change  subdistrict  boundaries,  is  not  applicable  to  this  case. 

The  appeal  is  brought  from,  the  action  of  the  board  which  concurred,  and  is 
therefore  taken  in  a  proper  manner.  For  the  reasons  set  forth  the  action  of  the 
board  is  sustained  and  the  decision  of  the  superintendent  is  REVERSED. 

C.  W.  VON  COELLN, 

May  28,  1879.  Superintendent  of  Public  Instruction. 

L.  B   COLBURN  et  al.  v.  DISTRICT  TOWNSHIP  OF  SILVER  LAKE. 
Appeal  from  Palo  Alto  County. 

EVIDENCE.  To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive 
testimony  must  be  introduced,  and  the  evidence  must  be  conclusive. 
COUNTY  SUPERINTENDENT.  A  county  superintendent  should  not  ask  the  state 
superintendent  to  decide  a  case  on  appeal  for  him,  but  may  ask  for  an  inter- 
pretation of  law,  either  by  the  state  superintendent,  or  through  him,  by  the 
.attorney-general. 


28  SCHOOL   LAW   DECISIONS. 

On  the  25th  day  of  August,  1879,  the  board  fixed  the  location  of  a  schoolhouse 
on  the  old  site  From  this  order  L  B.  Colburn  and  others  appealed  to  the  county 
superintendent,  who  affirmed  the  action  of  the  board,  and  from  this  decision  the 
same  parties  appeal. 

Among  the  errors  enumerated,  the  appellants  urge  that  the  county  superin- 
tendent erred  in  holding  that  the  board  was  not  actuated  by  passion  or  prejudice. 
We  fail  to  find  any  evidence  establishing  the  existence  of  such  malice  or  prejudice 
on  the  part  of  the  board.  Appellants  also  claim  that  the  county  superintendent 
erred  in  basing  his  decision  on  the  verbal  opinion  of  the  state  superintendent, 
given  prior  to  the  hearing  of  the  case. 

This  affords  an  opportunity  of  censuring  a  practice  quite  common  among 
county  superintendents  to  ask  the  superintendent  of  public  instruction  for  his. 
opinion  in  an  appeal  which  is  pending.  We  have  made  it  a  universal  practice  to 
refuse  answers  upon  the  questions  involved  in  the  particular  case,  and  have  given 
only  general  principles  which  should  govern  county  superintendents  in  determin- 
ing cases  of  appeal.  These  general  principles  are  so  well  established  that  an. 
intelligent  county  superintendent  ought  to  be  familiar  with  them. 

We  advised  the  county  superintendent  in  this  case  not  to  measure  the  respec- 
tive distances  of  the  different  locations  from  the  geographical  center,  before  the 
trial  of  the  appeal. 

It  is  proper  for  a  county  superintendent  to  ascertain  the  interpretation  of 
points  of  law,  by  securing  an  opinion  from  this  department,  or  from  the  attorney- 
general  through  this  department. 

Without  fully  determining  the  merits  of  the  respective  locations,  we  must 
hold  that  the  board  did  not  abuse  its  discretion  sufficiently  to  warrant  inter- 
ference. The  appellants  failing  to  prove  malice  or  prejudice  on  the  part  of  the 
board,  its  order  should  stand,  and  the  decision  of  the  county  superintendent 
affirming  its  action  is  AFFIRMED. 

C,  W.  VON  COELLN, 

March  30,  1880.  Superintendent  of  Public  Instruction. 


WM.  BARTLETT  v.  DISTRICT  TOWNSHIP  OF  SPENCER. 
Appeal  from  Clay  County. 

APPEAL.     May  be  taken  by  any  resident  aggrieved  by  an  action  of  the  board. 
BOUNDARIES.     Must  conform  to  congressional  divisions  of  land. 
SCHOOLHOUSE  SITE.     Proper  location  of,  depends  upon  form  of  subdistrict. 
TERRITORY.     All  territory  must  be  included  within  some  school  district. 

On  the  22d  day  of  October,  1881,  the  board  adopted  the  report  of  a  committee 
locating  a  site  for  a  schoolhouse  in  subdistrict  number  nine  on  the  southeast 
corner  of  the  southeast  quarter  of  section  twenty-one.  From  its  order,  William 
Bartlett  appealed  to  the  county  superintendent,  who  reversed  the  action  of  the 
board  and  located  the  site  on  the  northwest  corner  of  the  northeast  quarter  of 
the  southeast  quarter  of  section  twenty-one.  C.  F.  Archer  appeals. 

The  counsel  for  the  appellants  files  a  motion  to  dismiss  the  appeal  on  the 
ground  that  persons  not  parties  to  the  hearing  below  are  debarred  from  appealing 
to  the  superintendent  of  public  instruction.  It  has  been  repeatedly  held  that  any 
person  aggrieved  may  prosecute  an  appeal  from  the  decision  of  the  county  super- 
intendent, unless  the  right  of  appeal  has  been  waived  by  previous  agreement. 

The  subdistrict  in  which  the  location  was  made  was  formed  by  action  of  the 
board  at  the  regular  meeting  in  last  September.  The  boundaries  fixed  by  the 
board  at  that  time,  as  shown  by  the  plats  in  evidence,  are  the  Little  Sioux  river 
and  Prairie  creek  on  the  north,  east  and  south,  and  the  half  section  line  running 
north  and  south  through  sections  eighteen,  nineteen,  thirty  and  thirty-one,  as 
the  western  boundary. 


SCHOOL  LAW   DECISIONS.  29 

It  is  shown  by  the  plat  that  the  half  mile  strip  on  the  western  side  of  the  sub- 
district  is  supposed  not  to  belong  to  subdistrict  number  nine,  and  it  is  stated  by 
the  county  superintendent  that  this  territory  is  supposed  to  be  temporarily 
attached  to  the  adjoining  township  for  school  purposes.  We  are  compelled  to 
notice  this  irregularity  of  boundaries,  since  the  proper  location  of  any  school- 
house  obviously  depends  largely  upon  the  form  and  extent  of  the  territory  for 
which  the  house  is  designed.  Section  1796,  providing  for  the  creation  of  subdis- 
tricts  and  for  subsequent  alterations  in  their  boundaries,  contains  the  following- 
"Provided  that  the  boundaries  of  subdistricts  shall  conform  to  the  lines  of  con- 
gressional divisions  of  land."  When  government  lines  follow  large  streams, 
or  other  bodies  of  water,  a  division  is  sometimes  formed  containing  less  than 
forty  acres;  but  unless  such  exception  applies,  the  smallest  congressional  division 
is  the  one-sixteenth  of  a  section,  or  forty  acres  in  a  square  form.  In  fixing  the 
boundaries  of  subdistricts  no  smaller  subdivision  can  be  made,  and  a  forty-acre 
tract  must  be  included  in  the  subdistrict,  or  excluded,  as  a  whole. 

The  only  provision  of  law  by  which  the  half  mile  strip  could  be  attached  to 
the  adjoining  district  township,  is  found  in  section  1797.  •  The  transfer  can  be 
made  only  when  natural  obstacles  intervene.  It  is  apparent  from  the  plats  in 
evidence  that  no  large  unbridged  stream,  or  any  other  natural  obstacle,  exists. 
Hence  we  must  conclude  that  it  is  the  duty  of  the  board  of  directors  of  the  district 
township  of  Spencer  to  provide  that  the  strip  in  question  shall  be  a  part  of  some 
subdistrict.  It  seems  probable  that  a  portion  of  the  territory  referred  to  will 
naturally  fall  to  subdistrict  number  nine.  The  county  superintendent  appears  to 
have  presumed  that  the  subdistrict  would  ultimately  include  all  the  territory  to 
the  township  line.  That  the  territory  does  belong  to  the  district  township  of 
Spencer,  unless  it  has  been  attached  to  the  adjoining  township,  in  accordance 
with  section  1797,  there  can  be  no  question.  Such  being  the  facts  in  this  case, 
and  the  evidence  disclosing  that  the  board  did  not  exercise  that  care  in  selecting 
a  site  which  is  desirable  when  so  many  interests  are  involved,  we  are  disposed  to 
remand  the  case  to  the  board,  with  the  suggestion  that  it  adjust  the  boundaries 
of  the  subdistrict,  and  determine  upon  some  other  site  than  the  one  chosen  by  it, 
with  the  intention  to  furnish  the  best  accommodation  to  all  parties. 

REVERSED  AND  REMANDED. 
J.  W.  AKERS, 

February  15,  1882.  Superintendent  of  Public  Instruction. 


J.  D.  HANDERSHELDT  v.  DISTRICT  TOWNSHIP  OF  DES  MOINES. 
Appeal  from  Jefferson  County. 

DISCRETIONARY  ACTS.     Abuse  of  discretion  is  not  established  by  testimony  show- 
ing that  a  different  action  would  have  been  preferred  by  the  electors. 
DISTRICT  ORGANIZATION.     The  county  superintendent  has  no  jurisdiction  to 
determine  the  validity  of  district  organization 
TESTIMONY.     To  be  legal  must  be  given  under  oath. 
BOUNDARIES.     Of  subdistricts,  changed  between  September  and  March. 
MAJORITY  VOTE.     Of  whole  board  required  to  change  subdistrict  boundaries. 

A  petition  was  presented  to  the  board  asking  that  certain  territory  in  Des 
Moines  township  be  set  aside  to  form,  in  connection  with  territory  to  be  obtained 
from  the  independent  district  of  Liberty  number  eight,  a  new  subdistrict  to  be 
known  as  subdistrict  number  nine,  Des  Moines  township.  The  board  acted  on 
tliis  petition  and  made  the  following  order:  "In  the  matter  of  the  petition  of 
•J.  D.  Handersheldt  and  Silas  Pearson,  asking  for  the  formation  of  a  new  sub- 
district  to  be  known  as  number  nine,  in  the  district  township  of  Des  Moines.  All 
the  territory  within  the  boundary  lines  therein  described,  is  hereby  granted,  pro- 
vided sufficient  territory  be  granted  by  the  independent  school  district  of  Liberty 


30  SCHOOL  LAW   DECISIONS. 

number  eight,  to  make  a  suitable  and  convenient  subdistrict  as  to  the  amount  of 
territory  and  the  number  of  children  of  school  age;  and  provided,  that  in  case  the 
territory  is  not  granted  by  said  independent  district  of  Liberty  number  eight, 
then  said  territory  hereby  granted  shall  remain  and  be  a  part  of  subdistrict  num- 
ber five,  of  the  district  township  of  Des  Moines.  " 

On  the  28th  day  of  April,  1882,  the  board  of  the  district  township  of  Des 
Moines,  at  a  special  meeting,  adopted  the  following  resolution:  "It  is  hereby 
ordered  that  all  action  heretofore  taken  by  the  board  of  the  district  township  of 
Des  Moines,  in  the  formation  and  organization  of  subdistrict  number  nine,  in  the 
above  named  township,  is  hereby  rescinded.  "  From  this  action  of  the  board, 
J.  D.  Handersheldt  appealed  to  the  county  superintendent,  who  upon  hearing  the 
case  on  appeal  rendered  the  following  decision:  "A  resolution  passed  rescind- 
ing an  action  which  has  not  as  yet  taken  effect,  is  legal,  but  so  far  as  it  concerns 
formation  and  organization  which  is  already  completed,  it  is  illegal.  "  From, 
this  action  or  decision  of  the  county  superintendent,  J.  D.  Handersheldt  appeals. 

It  appears  from  the  transcript  of  the  county  superintendent  that  the  witnesses- 
were  not  sworn  A  failure  to  take  testimony  under  oath  is  fatal  to  the  case,  even, 
though  from  its  nature  it  came  properly  before  the  superintendent  on  appeal. 

A  brief  examination  will.be  sufficient,  we  think,  to  show  that  this  action  should 
have  been  dismissed  by  the  county  superintendent  for  want  of  jurisdiction,  since 
no  appeal  will  lie  when  the  validity  of  district  organization  is  involved. 

This  appeal  was  taken  from  the  action  of  the  board  to  the  superintendent,  for 
the  purpose  of  determining  whether  or  not  the  board  erred  in  rescinding  its 
former  action  creating  subdistrict  number  nine.  There  was  very  little  evidence 
bearing  on  this,  the  sole  issue  in  the  case.  Witnesses  simply  stated  that  they 
were  or  were  not  in  favor  of  subdistrict  number  nine. 

Such  testimony  can  have  no  bearing  in  an  action  to  establish  error  on  the  part 
of  the  board.  Appellants  set  forth  in  their  affidavit  that  the  county  superintend- 
ent erred,  in  that  he  refused  to  admit  testimony  to  show  that  there  never  had 
been  any  legal  organization  of  subdistrict  number  nine.  We  think  such  evidence 
was  properly  excluded,  and  yet  it  is  necessary,  to  enable  any  tribunal  to  arrive  at 
a  decision  of  the  case;  for  if  the  district  was  organized  according  to  law,  then  the 
board  committed  error  in  making  an  order  which  operated  to  discontinue  it,  and 
hence  to  change  boundaries  of  subdistricts  at  a  time  of  year  in  which,  according 
to  our  holding,  it  cannot  be  done.  Upon  the  presumption  that  the  district  was 
legally  organized,  it  committed  error  by  making  a  change  of  subdistrict  bounda- 
ries without  a  majority  of  the  whole  board. 

It  must  therefore  be  determined  whether  the  conditions  upon  which  the  board 
of  Des  Moines  township  granted  the  territory,  were  fulfilled,  or,  in  other  words, 
it  must  be  known  whether  or  not  the  independent  district  number  eight,  of  Lib- 
erty, concurred  in  the  transfer  of  the  territory.  But  neither  the  county  superin- 
tendent nor  this  department  is  competent  to  determine  the  legality  of  a  district 
organization,  and  it  is  therefore  impossible  for  us  to  decide  whether  or  not  the 
board  committed  error. 

The  remedy  is  an  application  to  a  court  of  law  for  mandamus  to  compel  the 
board  to  recognize  the  subdirector  of  subdistrict  number  nine,  as  a  school  officer 
and  member  of  the  board  of  the  district  township  of  Des  Moines.  Were  the  issues 
involved  within  our  jurisdiction,  we  would  not  hesitate  to  consider  them,  but  as 
no  question  of  such  a  nature  is  connected  with  the  case  it  is  DISMISSED, 

J.  W.  AKEBS, 

November  2,  1882.  Superintendent  of  Public  Instruction. 

APPLETON  PARK  v.  INDEPENDENT  DISTRICT  OF  PLEASANT  GROVE. 
Appeal  from  Des  Moines  County. 

RECORDS.  The  official  record  is  its  own  best  evidence.  Testimony  intended  to> 
contradict  the  record  should  not  be  admitted. 


SCHOOL  LAW  DECISIONS.  31 

RECORDS.     Records  not  made  and  certified  to  by  the  proper  officers  as  required 
by  law  are  defective  and  may  be  impeached  by  collateral  evidence. 
TEACHER.     The  law  provides  that  a  teacher  shall  have  a  fair  and  impartial  trial, 
with  sufficient  notice  to  enable  him  to  rebut  the  charges  of  his  accusers. 
CHARGES.    Must  be  clearly  sustained  by  the  evidence. 

Appleton  Park  was  duly  engaged  and  contracted  with.  He  began  teaching  on 
the  4th  day  of  September,  1882;  after  some  ten  or  eleven  days  had  expired,  during 
which  time  he  had  taught  the  school,  he  was  waited  upon  by  the  entire  board, 
called  to  the  door  and  informed  that  certain  rumors  were  being  circulated,  to  the 
effect  that  he  had  been  guilty  of  using  obscene  and  vulgar  language  in  the  pres  • 
ence  of  his  pupils,  and  during  regular  school  hours.  The  board  called  at  the 
schoolhouse  again  about  the  hour  for  closing  the  school  in  the  afternoon,  and  the 
school  having  been  dismissed,  it  proceeded  to  examine  three  of  the  boys  as  to  the 
truth  of  the  charges  above  referred  to.  The  result  of  this  action  was  that  the 
teacher  left  the  school  and  the  board  employed  another  teacher.  Mr.  Park 
appealed  to  the  county  superintendent,  who  reversed  the  action  of  the  board, 
whereupon  D.  L.  Portlock,  president  of  the  board,  appeals. 

The  principal  difficulty  presented  in  this  case  seems  to  be  to  determine  just 
what  that  action  or  order  of  the  board  was  from  which  the  appeal  was  taken 
The  transcript  filed  by  the  secretary  of  the  board,  is  as  follows:  "Complaint 
being  made  by  some  of  the  scholars  to  the  school  board,  in  regard  to  the  teacher, 
Appleton  Park,  using  indecent,  rough  and  insulting  language  during  school  time, 
the  board  met  at  the  schoolhouse  to  make  an  investigation  The  board  stated 
the  above  charges  to  the  teacher,  Appleton  Park,  who  after  reflecting  upon  the 
matter,  proposed  his  resignation  to  the  board.  The  board,  after  due  considera- 
tion, accepted  the  same.  The  question  being  settled  in  the  above  way,  and  no 
other  business  before  the  board,  the  board  then  adjourned." 

The  parol  evidence  of  Appleton  Park  was  admitted  to  offset  and  impeach  the 
record.  This  was  clearly  in  violation  of  well  established  law,  if  the  record  was 
really  what  it  purported  to  be,  a  true  and  authenticated  copy  of  the  proceedings 
of  the  meeting  of  the  board  referred  to. 

Starkie  On  Evidence,  says:  ''Where  written  instruments  are  appointed,  either 
by  the  immediate  authority  of  law,  or  by  the  compact  of  the  parties,  to  be  the 
permanent  repositories  and  testimony  of  truth,  it  is  a  matter  both  of  principle 
and  of  policy,  to  exclude  any  inferior  evidence  from  being  used,  either  as  a 
substitute  for  such  instruments,  or 'to  contradict  or  alter  them;  of  principle, 
because  such  instruments  are  in  their  own  nature  and  origin  entitled  to  a  much 
higher  degree  of  credit  than  that  which  appertains  to  parol  evidence;  of  policy, 
because  it  would  be  attended  with  great  mischief  and  inconvenience  if  those 
instruments  upon  which  men's  rights  depend  were  liable  to  be  impeached  and 
controverted  by  loose  collateral  evidence."  Starkie,  part  IV,  p.  995,  Vol  III,  3d 
Amer.  Ed. 

The  fact  that  the  transcript  referred  to  is  not  certified  to  by  the  secretary, 
and  the  further  fact  that  he  was  not  present  at  the  board  meeting  in  question, 
and  wrote  the  minutes  as  dictated  from  memory  by  the  president  of  the  board, 
three  days  after  the  meeting,  fully  justified  the  superintendent  in  ruling  it  out 
and  in  admitting  parol  evidence. 

We  come  now  to  consider  whether  the  trial  before  the  board  was  such  a  pro- 
ceeding as  is  required  by  section  1734.  The  board  called  in  the  morning  and 
informed  the  teacher  of  the  charges  preferred  against  him,  whereupon  he  offered 
to  resign.  It  instructed  him  to  proceed  with  his  school  and  stated  that  it  would 
return  in  the  evening  During  the  day  the  board  worked  up  its  case  against  the 
teacher,  while  he  was  so  employed  as  to  prevent  him  from  giving  thought  or 
attention  to  the  charges,  or  to  the  preparation  of  any  adequate  defense. 

We  must  sustain  the  superintendent  in  finding  that  the  trial  ajid  opportunity 
to  defend  was  not  what  the  law  intends  every  teacher  shall  have.  Every  teachei 


32  SCHOOL  LAW  DECISIONS. 

is  entitled  to  the  sympathy  and  support  of  the  school  board,  and  where  there  is 
any  reasonable- doubt  as  to  the  truth  of  stories  circulated  by  school  children,  the 
teacher  should  have  the  benefit  of  such  doubt.  We  believe  that  had  the  board 
been  in  sympathy  with  the  teacher  in  this  instance,  it  would  have  decided  that 
the  charges  were  not  sustained  by  the  evidence,  at  least  by  any  evidence  which 
appears  of  record.  That  the  teacher  offered  to  resign  in  the  evening  does  not 
appear  from  the  evidence  offered  in  behalf  of  the  board,  while  it  does  appear 
that  at  least  one  member  of  the  board  told  him  "he  had  better  quit." 

We  are  compelled  to  hold  that  the  teacher  was  dismissed,  and  that  in  doing  so 
for  no  sufficient  reason  the  board  erred,  and  the  decision  of  the  county  superin- 
tendent is  therefore  AFFIRMED. 

J.  W.  AKERS, 

February  16,  1883.  Superintendent  of  Public  Instruction. 

NOTE— Our  supreme  court  rendered  a  decision  regarding  the  measure  of  damages  resulting 
irom  the  wrongful  discharge  of  this  teacher.  The  opinion  is  found  in  65  Iowa,  209. 


J.  L.  MARSHALL  et  al.  v.  DISTRICT  TOWNSHIP  OF  MARSHALL. 
Appeal  from  Louisa  County. 

SUBDISTRICT.  The  board  may  not  redistrict  so  as  to  abolish  a  subdistrict,  with 
the  manifest  intent  to  prevent  the  building  of  a  house  provided  for  by  the  electors 
SCHOOLHOUSE  TAXES.  Must  be  certified,  collected,  and  expended,  in  accord- 
ance with  the  vote  of  the  electors. 

On  the  22d  day  of  February,  1886,  the  board  abandoned  subdistrict  number 
four,  and  transferred  its  territory  in  parcels  to  adjoining  subdistricts.  J.  L. 
Marshall  et  al.  appealed  to  the  county  superintendent,  who  reversed  the  order  of 
the  board  N  W  Mackay,  president  of  the  board,  appeals. 

It  is  unnecessary  to  consider  the  real  merits  of  this  case.  The  board  must  be 
reversed  upon  the  ground  that  at  the  meeting  of  the  electors  of  subdistrict  num- 
ber four,  held  in  March,  1885,  a  tax  of  $300  was  voted  to  build  a  schoolhouse  in 
said  subdistrict  number  four.  It  appears  in  evidence  that  this  tax  was  voted, 
properly  certified  by  the  district  board  and  levied  by  the  board  of  supervisors, 
and  that  a  portion,  at  least,  has  been  collected.  It  is  not  competent  for  the  board 
to  defeat  a  vote  of  this  kind  by  districting  the  subdistrict  out  of  existence.  The 
money  must  be  expended  in  accordance  with  the  vote,  and  the  house  must  be 
built.  Whether  or  not  any  of  the  tax  has  been  collected  is  not  material.  It  must 
be  collected  and  expended  by  the  board  as  directed  by  the  people.  The  case  of 
Benjamin  v.  District  Township  of  Malaka  et  al.,  50  Iowa,  648,  is  applicable  here. 
The  only  point  of  difference  being  that  in  the  case  cited  the  tax  had  been  col- 
lected before  action  was  had  by  the  board 

In  this  case  a  part  only  of  the  tax  has  been  collected,  but  as  stated,  this  is  not 
material.  The  equities  of  this  case  may  be  with  the  board,  but  the  action  of  the 
electors  in  voting  to  build  a  house  in  subdistrict  number  four,  and  in  providing 
the  means,  will  bar  the  board,  and  any  act  calculated  to  avoid  its  mandatory  duty 
is  a  violation  of  the  law  .  AFFIRMED. 

J.  W.  AKERS, 
September  16,  1886.  Superintendent  of  Public  Instruction. 


J.  B.  B.  BAKER  v.  INDEPENDENT  DISTRICT  OF  WAITKON. 
Appeal  from  Allamakee  County. 

RULES  AND  REGULATIONS.     In  establishing  and  enforcing  regulations  for  the 
government  of  scholars  the  board  has  a  large  discretion. 

On  the  7th  day  01  June,  1886,  Maud  Baker  was  suspended  for  repeated  viola- 
tion of  a  rule* of  the  board,  known  as  rule  five,  which  reads  as  follows:  "Any 


SCHOOL  LAW   DECISIONS.  33 

scholar  who  shall  be  absent  five  half-days  in  four  consecutive  weeks,  without  any 
excuse  from  parent  or  guardian  satisfactory  to  the  teacher  that  the  absence  was 
caused  by  said  pupil's  sickness,  or  by  sickness  in  the  family,  or,  in  the  primary 
grades,  by  severity  of  the  weather,  shall  forthwith  be  suspended.  No  pupil  so 
suspended  shall  be  reinstated  without  a  permit  from  the  principal." 

Rule  twelve  provides  that  the  principal  of  the  school  may  suspend  pupils 
temporarily,  and  that  he  shall  immediately  notify  the  parent  or  guardian  of  a 
suspended  child  of  such  suspension,  the  notice  to  be  in  writing,  and  furthermore, 
that  he  shall  immediately  inform  the  board  of  his  action. 

Maud  Baker  was  absent  without  excuse,  and  when  called  to  account  for  her 
absence  stated  that  she  had  gone  on  a  fishing  excursion,  and  expected  to  go  the 
week  following.  Having  failed  to  render  a  satisfactory  excuse,  she  was  sus- 
pended, as  above  stated.  Notice  in  writing  was  sent  to  the  parent,  as  required  by 
rule  five,  and  the  board  informed  of  the  suspension.  The  board  approved  the 
action  of  the  principal.  J.  B.  B.  Baker  appealed  to  the  county  superintendent, 
who  reversed  the  action  of  the  board.  D.  W.  Reed  appeals. 

The  facts  in  this  case  are  not  controverted.  It  appears  in  evidence  that  the 
suspension  of  Maud  Baker  was  reported  to  the  board,  and  that  a  special  meeting 
of  the  board  was  held  for  the  consideration  of  the  act  of  the  principal.  Maud 
Baker  was  present  at  this  meeting  of  the  board,  and  the  president  testifies  that 
he  read  to  her  the  rule  under  which  she  had  been  suspended,  and  asked  her  to 
give  the  board  some  promise  of  amendment  in  the  future,  as  a  condition  of  rein- 
statement, and  she  replied  that  she  would  not  make  any  promise  for  the  future, 
and  expected  to  go  fishing  the  following  week. 

The  county  superintendent  finds  that  the  suspension  was  made  in  compliance 
with  the  rules  of  the  board  for  the  government  and  regulation  of  the  schools,  and 
that  the  act  of  the  principal  in  suspending,  and  of  the  board  in  approving  his 
action,  was  without  prejudice  or  malice.  The  board  was  reversed  on  the  ground 
that  the  law  does  not  confer  upon  the  principal,  or  the  board,  power  to  suspend 
for  the  cause  for  which  Maud  Baker  was  suspended. 

The  case  turns,  therefore,  upon  the  power  of  the  board  to  establish  and  enforce 
a  rule  providing  for  the  suspension  of  pupils,  who  are  absent  a  given  number  of 
days,  or  half-days,  without  a  satisfactory  excuse.  This  point  has  been  fully  dis- 
cussed and  settled  by  our  supreme  court  in  the  case  of  Burdick  v.  Babcock,  31  Iowa, 
562,  and  need  not  be  considered  here.  Murphy  v.  Independent  District  of  Marengo 
has  been  cited,  but  does  not  apply,  as  in  that  case  it  is  stated  that  the  offense  for 
which  the  pupil  was  dismissed  was  not  in  violation  of  any  rule  or  regulation. 

We  are  compelled  to  overrule  the  decision  of  the  county  superintendent,  and 
to  sustain  the  action  of  the  board.  REVERSED. 

J.  W.  AKERS, 

October  23,  1886.  Superintendent  of  Public  Instruction. 


JAMES  TOMPKINS  v.  INDEPENDENT  DISTRICT  OF  KEYSTONE. 
Appeal  from  Page  County. 

SCHOOLHOUSE  SITE.  It  is  manifestly  unwise  for  the  electors  to  express  any 
preference  for  a  site,  by  a  vote.  The  remedy  of  any  one  aggrieved  by  the  action 
of  the  board  is  appeal. 

SCHOOLHOUSE  SITE.     The  board  is  bound  to  take  into  account  any  special  reasons 
existing  which  favor  a  particular  location,  and  a  vote  of  the  electors  to  expend 
schoolhouse  funds  in  a  certain  specified  manner,  may  not  be  disregarded. 
SCHOOLHOUSE  SITE.     A  village  in  a  subdistrict  has  special  claims  favoring  the 
selection  of  a  site  within  its  limits.     The  element  of  distance  to  be  traveled  by 
some  is  largely  overcome  by  the  advantages  of  a  location  in  the  town. 
SCHOOLHOUSE  SITE.     A  suggestion  from  the   electors   should   be   given  such 
weight  as  there  is  value  in  the  reasons  upon  which  the  expressed  wish  of  the  elec- 
tors is  based. 


34  SCHOOL  LAW  DECISIONS. 

On  the  24th  of  May,  1886,  the  board  located  the  new  schoolhouse  upon  the  site- 
of  the  old  house.  At  the  meeting  of  the  electors  on  the  12th  of  March,  1884,  the- 
sum  of  one  thousand  dollars  was  voted  to  build  a  schoolhouse  in  Page  Center. 
The  board  regarded  the  designation  of  the  site  as  advisory  only,  and  located  the- 
house  one-half  mile  from  Page  Center.  James  Tompkins  appealed  to  the  county 
superintendent  who  found  that  the  board  had  violated  law,  and  for  this  reason, 
reversed  its  action.  G.  W.  Stanage  appeals. 

Section  1724  confers  upon  boards  the  power  to  locate  schoolhouse  sites.  If,, 
however,  the  location  of  the  schoolhouse  is  coupled  with  and  designated  in  the 
vote  to  build,  the  house  must  be  built  in  accordance  with  the  vote.  The  transcript 
of  the  record  filed  by  the  secretary  contains  this  statement:  "Voted  a  tax  of  one 
thousand  dollars  for  the  purpose  of  building  a  schoolhouse  in  Page  Center." 

While  any  attempt  on  the  part  of  the  electors  to  designate  the  precise  location 
of  a  schoolhouse  site  would  be  an  unwarranted  assumption  of  power,  nevertheless 
a  vote  to  build  a  house  in  a  certain  village  or  town  plat,  in  connection  with  the 
vote  to  appropriate  money  for  that  purpose,  we  think  so  far  concludes  the  board 
as  to  location  as  to  require  the  selection  of  a  site  within  such  specified  limits. 
Any  other  holding  would  open  the  way  to  fraud  and  deception.  We  are  com- 
pelled to  hold  that  the  board  should  have  selected  a  site  in  Page  Center.  The 
decision  of  the  county  superintendent  is  AFFIRMED. 

J.  W.  AKERS, 

November  1,  1886.  Superintendent  of  Public  Instruction. 

A.  J.  HOSINGTON  v.  DISTRICT  TOWNSHIP  OF  UNION. 
Appeal  from  Madison  County. 

APPEAL.    Failure  to  file  the  transcript  within  the  time  mentioned  in  the  law  will 

not  invalidate  the  appeal.  . 

MANDAMUS.     Is  the  method  of  compelling  the  performance  of  an  official  duty 

mandatory  in  its  character. 

ADDITIONAL  SCHOOL.     It  is  the  intention  of  section  1725  that  an  attendance  of 

at  least  ten  scholars  may  reasonably  be  expected. 

It  appears  that  at  the  regular  meeting  of  the  board  held  September  19,  1887, 
E.  O.  Storrs  and  others  presented  a  petition  for  an  extra  school  for  their  con- 
venience. On  motion  said  petition  was  taken  up  and  granted.  From  this  action, 
A.  J.  Hosington  appealed  to  the  county  superintendent,  who  heard  the  case  in; 
due  form,  reversing  the  action  of  the  board.  E.  O.  Storrs  and  others  appeal. 

Counsel  for  appellant  urges  as  error  that  the  district  secretary  failed  to  file 
his  transcript  of  the  record  within  the  ten  days  required  by  section  1832.  The 
appellants  claimed  that  the  county  superintendent  had,  on  this  account,  lost 
jurisdiction,  and  moved  to  dismiss  the  case.  The  county  superintendent  over- 
ruled the  motion.  Did  he  commit  an  error  in  so  doing?  We  think  not.  It  is- 
true  as  alleged  by  appellants  that  after  the  expiration  of  the  thirty  days  mentioned 
in  sections  1830-1835,  the  county  superintendent  cannot  entertain  an  appeal.  The 
action  referred  to  in  these  sections  lies  within  the  choice  of  the  aggrieved  party, 
the  law  grants  him  thirty  days  within  which  to  make  his  election.  The  action 
referred  to  in  section  1832  is  mandatory  upon  the  secretary,  he  has  no  choice,  he 
cannot  elect  one  of  two  courses  of  action.  If  he  fails  to  do  his  duty  within  the 
prescribed  time  a  writ  of  mandamus  may  compel  him  to  act.  But  in  no  case  does 
his  failure  to  produce  the  transcript  invalidate  the  appeal  or  "lessen  the  duty  of 
the  county  superintendent  to  proceed  in  the  case. 

Did  the  county  superintendent  err  in  taking  into  account  the  financial  cor 
dition  of  the  district  township?    We  cannot  admit  that  he  did.     While  the  wanu 
of  funds  will  not  excuse  a  board  from  maintaining  schools,  this  department  has- 
held  that  the  financial  conditions  should  be  considered  in  ordering  an  extra, 
school.     In  this  case  the  secretary  testifies  that  the  funds  available  will  not 
than  meet  the  expenses  of  the  seven  schools  now  in  session. 


SCHOOL  LAW  DECISIONS.  35- 

The  original  petition  shows  twelve  pupils  of  school  age  for  whose  accommo- 
dation the  school  is  desired.  This  department  has  held  that  the  intention  of  the 
present  section  1725  is  that  there  must  be  a  probable  attendance  of  ten  to  warrant 
the  board  in  establishing  an  extra  school.  What  are  the  facts  in  this  case  as 
gathered  from  the  evidence?  One  child  included  is  two  years  old.  In  a  family 
having  five  of  school  age  but  three  are  at  home.  One  of  the  others  is  a  graduate 
of  the  Winterset  high  school,  and  the  other  is  an  attendant  at  the  same  school. 
The  probable  attendance  in  the  extra  school  would  be  only  four  or  five. 

Under  all  the  circumstances  we  believe  the  board  did  not  act  with  due  discre- 
tion, and  that  the  county  superintendent  was  fully  justified  in  reversing  its 
action.  The  decision  of  the  county  superintendent  is  therefore  AFFIRMED. 

HENRY  SABIN, 

February  22,  1888.  Superintendent  of  Public  Instruction. 


N.  R.  JOHNSTON  v.  DISTRICT  TOWNSHIP  OF  UTICA. 
Appeal  from  Chickasaw  County. 

MANDAMUS.  To  compel  the  performance  of  an  official  duty,  appeal  sometimes, 
consumes  valuable  time.  Mandamus  is  often  a  more  speedy  and  better  remedy. 
DISCRETIONARY  ACTS.  Action  by  the  board  unduly  delaying  the  final  consider- 
ation of  an  important  matter,  may  be  regarded  as  an  evidence  of  prejudice. 

The  issues  involved  in  this  case  were  the  formation  of  a  new  subdistrict  to  be 
known  as  number  twelve,  and  the  providing  for  a  school  during  the  winter  of 
1887-8,  pending  the  election  of  subdirector  for  the  new  subdistrict.  The  case 
came  in  due  order  to  the  county  superintendent  on  appeal,  and  from  his  decision 
the  board  appeals. 

At  its  meeting  on  the  19th  of  September,  1887,  the  board  had  before  it  a  peti- 
tion signed  by  Caleb  Boylan  and  others,  to  redistrict  number  two,  and  to  form  a 
new  subdistrict.  After  various  motions  it  was  voted  to  adjourn  to  the  second 
Saturday  in  February,  1888,  to  consider  said  petition.  Appeal  was  taken  to  the 
county  superintendent. 

At  the  trial  before  that  officer,  October  27,  1887,  and  adjourned  to  October  31, 
a  motion  was  made  to  dismiss  the  case,  on  the  ground  that  the  matter  was  still 
pending  before  the  board,  as  no  final  action  had  been  taken  by  that  body.  The 
motion  to  dismiss  was  overruled,  and  the  county  superintendent  proceeded  to  hear 
the  case.  Did  the  county  superintendent  commit  an  error?  We  think  not. 

Without  impugning  in  any  way  the  motives  of  the  board,  its  action  in  adjourn- 
ing to  a  date  as  late  as  the  second  Saturday  of  February,  was  calculated  to  delay 
and  defeat  the  prayer  of  petitioners.  The  aggrieved  parties  had  an  undoubted 
right  to  appeal,  but  we  regret  that  they  did  not  avail  themselves  of  the  more 
speedy  remedy  of  resorting  to  the  courts.  A  writ  of  mandamus  would  undoubt- 
edly issue  in  such  a  case,  compelling  the  board  to  perform  its  enjoined  duty. 

A  motion  to  dismiss  on  the  ground  that  there  was  no  evidence  to  show  that  the 
board  acted  with  passion,  prejudice,  or  injustice,  was  also  very  properly  over- 
ruled. The  action  of  the  board  delaying  the  whole  matter  until  the  second 
Saturday  of  February,  1888,  was  in  our  opinion  an  act  of  manifest  injustice,  which 
the  superintendent  very  properly  took  into  account  in  making  his  decision. 

The  county  superintendent  reversed  the  action  of  the  township  board  and 
ordered  the  new  subdistrict,  number  twelve,  to  be  formed,  with  an  extra  school 
for  the  winter  of  1887-8,  in  accordance  with  the  prayer  of  the  petitioners.  Ought 
his  decision  to  be  sustained? 

A  careful  review  of  the  evidence  in  the  case,  including  the  plat  "  exhibit  A," 
shows  that  the  township  of  Utica  is  divided  into  eleven  subdistricts,  some  of  them 
very  large  and  irregular  in  shape.  A  better  division  than  that  proposed  by  the- 
forniation  of  the  new  subdistrict,  number  twelve,  can  possibly  be  made.  The 


36  SCHOOL  LAW   DECISIONS. 

county  superintendent,  however,  provides  for  this,  as  his  decision  does  not  pre- 
vent any  changing  of  the  boundaries  of  subdistrict  lines,  if  necessary  to  facilitate 
the  school  privileges  of  the  township. 

A  new  subdistrict  is  needed  to  furnish  reasonable  school  facilities  for  the 
children  in  that  neighborhood,  and  so  far  as  ordering  the  new  subdistrict,  to  be 
known  as  number  twelve,  is  concerned,  the  decision  of  the  county  superin- 
tendent is  AFFIRMED. 

HENRY  SABIN, 

March  15,  1888.  Superintendent  of  Public  Instruction. 


N.  R.  JOHNSTON  v.  DISTRICT  TOWNSHIP  OF  UTICA. 

Appeal  from  Chickasaw  County. 
APPLICATION  FOR  A  REHEARING. 

REHEARING.  To  justify  the  granting  of  a  new  trial,  a  reasonable  doubt  must 
arise  in  the  mind  of  the  officer  to  whom  application  is  made,  as  to  the  absolute 
correctness  of  his  former  conclusions. 

Comes  now  the  appellant,  the  district  township  of  Utica,  and  asks  for  a  rehear- 
ing of  the  above  case. 

The  acts  of  a  board  are  recognized  as  mandatory  or  discretionary.  When 
they  are  mandatory,  and  the  board  acts  in  accordance  with  the  law,  the  aggrieved 
party  has  no  remedy  whatever;  when  they  are  discretionary  the  aggrieved  party 
has  a  remedy  in  an  appeal,  which  may  be  taken  eventually  to  the  superintendent 
of  public  instruction,  whose  decision  is  final. 

Now,  to  say  that  the  discretionary  acts  of  a  board  must  be  sustained  because 
they  are  discretionary,  destroys  the  right  of  appeal  and  takes  away  the  last 
remedy  of  the  aggrieved  party.  The  action  of  the  board  should  be  sustained, 
unless  it  acts  through  passion,  prejudice,  or  manifest  injustice.  Who  is  to  decide 
whether  its  action  is  an  abuse  of  discretionary  power?  Surely  not  the  board,  nor 
the  aggrieved  party. 

The  question  is  one  upon  which  the  county  superintendent  may  be  called  to 
pass,  and  from  his  decision  an  appeal  may  be  taken  to  the  superintendent  of  pub- 
lic instruction.  If  the  county  superintendent  in  the  discharge  of  his  duty  deter- 
mines that  the  board  has  abused  its  discretionary  powers,  he  has  power  to  reverse 
its  action,  and  this  department  should  affirm  his  decision  if  his  conclusions  are 
found  to  be  correct. 

In  the  present  case  the  board,  at  the  meeting  on  the  19th  of  September,  1887,  had 
before  it  a  petition  asking  for  the  formation  of  a  new  subdistrict,  and  a  school 
during  the  winter  of  1887-8.  It  postponed  the  consideration  of  said  petition  until 
the  second  Saturday  in  February,  1888.  The  aggrieved  parties  had  their  choice 
between  two  remedies.  They  could  apply  for  a  writ  commanding  the  board  to 
act,  or  they  could  appeal  to  the  county  superintendent.  They  chose  the  latter: 
they  could  have  chosen  the  former.  See  case  of  Crookshank  v.  District  Township 
of  Maine,  School  Law  Decisions  1888,  page  88.  Also  35  Iowa,  445,  and  71  Iowa, 
632.  It  is  not  claimed  that  the  writ  could  control  the  action  of  the  board,  but  it 
could  compel  it  to  act  in  the  premises.  See  Hiyhtower  v.  Overhouser  et  al.,  65  Iowa, 
350,  Albin  et  al.,  v.  Board  of  Directors  of  West  Branch,  58  Iowa,  77,  and  Case  v.  Blood 
et  al,  71  Iowa,  632. 

The  attorneys  for  the  board  cite  the  case  of  Marshall  v.  Sloan,  35  Iowa,  445,  in 
support  of  their  position.  In  that  case  the  board  acted,  it  rejected  the  petition 
and  its  action  was  a  matter  of  record.  In  the  case  under  consideration  the  board 
postponed  action  in  such  a  way  as  to  delay  and  possibly  defeat  the  purpose  of  the 
^petitioners.  In  the  present  case  the  county  superintendent  reversed  the  action 
of  the  board,  because  of  the  injustice  done  to  one  party  through  the  delay  in  its 
-action,  and  also  did  only,  on  appeal,  what  the  board  had  power  to  do. 


SCHOOL  LAW  DECISIONS.  37 

Upon  reviewing  the  case  carefully  the  second  time  we  find  that  the  county 
superintendent  reached  a  correct  conclusion  as  to  the  action  of  the  board,  and 
nowhere  exceeded  his  authority.  The  application  for  a  rehearing  is  denied. 

HENRY  SABIN, 

March  26,  1888.  Superintendent  of  Public  Instruction. 


JACOB  DECK  et  al.  v.  DISTRICT  TOWNSHIP  OF  EDEN. 
Appeal  from  Decatur  County. 

SUBDISTRICT  BOUNDARIES.  A  case  involving  a  change  of  subdistrict  bounda- 
ries, having  been  adjudicated  by  the  county  superintendent  reversing  the  action 
of  the  board,  and  being  afiirmed  by  the  superintendent  of  public  instruction,  can- 
not again  be  brought  upon  appeal,  unless  it  can  be  shown  that  some  change 
materially  affecting  the  conditions  of  the  case  has  taken  place  since  the  date  of 
the  former  decision. 

SUBDISTRICT  BOUNDARIES.  In  changing  subdistrict  boundaries,  both  the  present 
and  the  future  welfare  of  the  district  township  should  be  considered. 
SUBDISTRICT  BOUNDARIES.  A  subdistrict  long  established,  embracing  a  terri- 
tory having  a  sufficient  number  of  scholars  to  maintain  a  good  school,  should  not 
be  abolished,  unless  the  general  school  facilities  of  the  township  will  be  improved 
thereby. 

On  the  19th  day  of  September,  1887,  the  board  voted  to  abolish  subdistrict 
number  eight.  Jacob  Deck  and  others  appealed  to  the  county  superintendent, 
who  on  the  5th  day  of  December  rendered  a  decision  reversing  the  action  of  the 
township  board,  and  the  board  appeals. 

The  counsel  for  the  directors  urged  in  their  written  argument  that  the  county 
superintendent  should  be  required  to  send  up  to  this  department  all  the  testimony 
taken  in  the  trial  before  her.  It  was  certainly  the  duty  of  the  county  superin- 
tendent to  send  up  all  the  testimony  upon  which  she  based  her  decision.  In  the 
absence  of  any  proof  to  the  contrary,  the  presumption  is  that  the  transcript  fur- 
nished by  her  contains  all  the  testimony  on  file  in  her  office.  There  is  no  proof 
offered  that  she  has  not  complied  with  the  law  in  all  respects. 

On  the  26th  day  of  December,  1885,  the  county  superintendent  rendered  a, 
decision  reversing  the  action  of  the  board  in  abolishing  subdistrict  number  eight. 
As  no  material  changes  have  taken  place  since  then,  in  the  condition  of  the  town- 
ship, does  that  former  decision  act  as  a  bar  to  any  further  proceedings  in  this 
case?  We  think  not. 

The  principle  enunciated  here  is  undoubtedly  correct.  A  case  involving  a 
change  of  subdistrict  boundaries,  having  been  adjudicated  by  the  county  superin- 
tendent reversing  the  action  of  the  board,  and  being  affirmed  by  the  superin- 
tendent of  public  instruction,  cannot  again  be  brought  upon  appeal,  unless  it  can 
be  shown  that  some  change  materially  affecting  the  conditions  of  the  case  has 
taken  place  since  the  date  of  the  former  decision.  In  this  case,  however,  the 
decision  of  the  county  superintendent  cannot  act  as  a  bar  to  further  proceedings, 
because  the  district  board  did  not  take  an  appeal.  Such  proceedings  cannot  be 
considered  as  final  in  such  a  sense  until  they  have  been  affirmed  by  the  superin- 
tendent of  public  instruction. 

It  is  urged  that  the  county  superintendent  erred  in  taking  into  consideration 
the  distance  which  many  of  the  pupils  must  travel  in  order  to  reach  their  school, 
if  the  action  of  the  township  board  abolishing  subdistrict  number  eight,  is  affirmed. 
The  law  does  not  contemplate  that  one  and  one-half  miles  is  in  all  cases  an 
unreasonable  distance.  It  depends  largely  upon  the  age  of  the  pupil  and  upon 
the  condition  of  the  roads  In  the  case  before  us  a  natural  obstacle,  the  Little 
Turkey  river,  must  be  taken  into  consideration.  The  opening  of  additional  roads 
and  the  construction  of  a  bridge  would  simplify  matters  somewhat,  but  no  steps, 
have  been  taken  to  accomplish  this.  Until  this  is  done,  to  abolish  the  school  in 
number  eight  would  impose  an  undue  hardship  upon  a  large  number  of  pupils. 


,38  SCHOOL  LAW   DECISIONS. 

What  are  the  conditions  of  the  school  as  at  present  constituted?  The  report 
-of  the  secretary  put  in  evidence,  shows  that  the  school  in  number  eight  will 
average  with  other  subdistricts  in  the  number  of  pupils  enrolled;  it  is  above  the 
average  in  daily  attendance,  and  below  the  average  in  cost  of  tuition.  The  board 
fails  to  show  that  reduced  numbers  render  it  expedient  to  abolish  this  subdistrict, 
nor  does  it  show  that  the  township  is  excessively  taxed  to  support  its  schools. 

This  department  has  already  ruled  that  subdistrict  lines,  which  have  been 
long  established,  embracing  a  territory  having  a  sufficient  number  of  pupils  to 
maintain  a  good  school,  should  not  be  disturbed,  unless  it  can  be  proved  that  the 
.general  school  facilities  of  the  township  will  be  improved  by  the  change. 

The  board  does  not  show  that  there  is  any  general  benefit  to  be  expected  from 
the  proposed  change  of  boundaries,  nor  does  it  prove  that  any  existing  necessity 
makes  it  desirable.  The  board  undoubtedly  intended  to  act  fairly  toward  all, 
but  we  think  it  failed  to  properly  consider  all  the  circumstances  involved  in  its 
-action.  The  decision  of  the  county  superintendent  is  therefore  AFFIRMED. 

HENRY  SABIN, 

March  16,  1888.  Superintendent  of  Public  Instruction. 


J.  S.  FOLSOM  et  al.  v.  DISTRICT  TOWNSHIP  OF  CENTER. 
Appeal  from  Cedar  County. 

REHEARING.     To  warrant  a  rehearing,  some  valid  reason  must  be  urged. 
TESTIMONY.     Sufficient  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony to  permit  a  full  presentation  of  the  issues  involved,  even  if  irrelevant 
testimony  is  occasionally  admitted. 

SCHOOLHOUSE  SITE.  Every  dwelling-house  must  be  taken  into  account,  as  some 
one  entitled  to  school  advantages  may  hereafter  reside  there. 
SCHOOLHOUSE  SITE.  When  it  is  the  evident  intention  of  the  board  to  relocate 
the  site  as  near  as  possible  in  the  center  of  the  subdistrict,  in  order  to  furnish 
equal  school  facilities  to  all  the  residents,  its  action  should  not  be  materially 
interfered  with. 

The  transcript  in  this  case  shows  that  on  the  21st  day  of  March,  1887,  at  a 
meeting  of  the  board,  a  committee  was  appointed  to  investigate  the  needs  of  sub- 
•district  number  two  and  report  at  the  meeting*  in  September.  It  further  shows 
that  on  the  19th  day  of  September,  1887,  such  committee  reported,  recommend- 
ing that  the  new  house  be  built  for  said  subdistrict,  to  be  located  in  the  center  of 
the  district.  The  report  was  received  and  the  committee  discharged.  The 
report  was  also  upon  motion,  laid  upon  the  table. 

On  the  19th  day  of  March,  1888,  at  a  meeting  of  the  directors,  the  above  report 
was  finally  adopted  and  a  building  committee  was  appointed  to  confer  with  the 
•county  superintendent  in  regard  to  plans  and  specifications.  From  this  decision 
-of  the  board  Folsom  et  al.  appealed  to  the  county  superintendent,  and  the  case 
was  heard  at  Tipton  on  the  9th  day  of  April,  1888.  The  records  in  the  county 
superintendent's  office  show  that  the  appellee  consented  to  the  filing  of  an  amend- 
ment to  the  affidavit  by  appellant,  and  that  the  appellee  filed  a  motion  to  modify 
the  decision  of  the  board,  and  the  trial  then  proceeded.  On  the  llth  day  of  April 
the  county  superintendent  filed  a  decision  reversing  the  action  of  the  board.  On 
the  17th  day  of  April,  1888,  a  motion  was  filed  for  a  rehearing,  within  the  time 
given  by  the  county  superintendent.  On  the  19th  day  of  April,  1888,  the  motion 
ior  a  rehearing  was  argued  before  the  county  superintendent  and  overruled. 
From  the  decision  of  the  county  superintendent  the  board  appealed  to  the  super- 
intendent of  public  instruction,  and  the  whole  case  came  up  on  a  hearing  before 
him  on  the  5th  day  of  June,  1888. 

The  first  question  to  be  decided  is:  Did  the  county  superintendent  err  in  over- 
ruling the  motion  for  a  rehearing?  A  rehearing  of  such  a  case  can  be  granted 
only  when  it  can  be  shown  that  some  injustice  has  been  done,  or  some  mistake 
has  been  made  which  can  be  corrected  by  a  new  trial;  or  when  some  additional 


SCHOOL   LAW   DECISIONS.  39 

^evidence  has  been  discovered  which  is  in  favor  of  the  party  applying,  but  which 
could  not  have  been  presented  before  by  reasonable  diligence.  The  affidavit  upon 
which  the  motion  for  a  rehearing  was  based  failed  to  show  any  such  reasons. '  All 
the  main  points  alleged  therein  had  already  been  ruled  upon  by  the  county  super- 
intendent, and  we  think  she  did  not  commit  any  error  in  overruling  the  motion. 
'This  also  disposes  of  all  the  testimony  sent  up  in  support  of  the  motion  for  a 
^rehearing,  these  affidavits  will  not  be  taken  into  account  in  the  final  decision. 

It  is  not  necessary  here  to  determine  the  legal  residence  of  William  Busier. 
His  own  testimony  is  that  the  distance  from  his  residence  to  the  site  selected  by 
the  board  is  one  and  one-fourth  miles  The  fact  that  Mrs.  Morgan  does  not  desire 
to  send  to  school  is  not  material.  It  is  not  the  individual  but  the  residence  that 
is  to  be  considered.  Some  other  person  living  at  the  same  place  may  hereafter 
desire  school  privileges. 

We  are  now  free  to  approach  the  main  question  upon  which  issue  is  joined. 
The  testimony  shows  that  the  directors  desired  to  relocate  the  schoolhouse  in 
subdistrict  number  two  in  a  more  central  location,  no  other  reason  is  assigned  for 
the  contemplated  removal.  There  is  nothing  to  show  that  the  present  site  is 
unsuitable,  except  that  it  does  not  well  accommodate  the  pupils  from  the  north- 
•ern  part  of  the  district.  In  this  determination  to  relocate  the  site  near  the  cen- 
ter, there  is  no  evidence  of  any  abuse  of  discretion  on  the  part  of  the  board  and 
•we  think  its  action  should  not  be  interfered  with. 

There  is,  however,  evidence  which  shows  that  the  exact  acre  which  the  com- 
mittee staked  out  is  not  a  desirable  site  for  a  building.  The  board  itself  acknowl- 
edges this  in  its  amended  order  by  which  the  site  is  removed  ten  rods  north. 

The  county  superintendent,  in  her  decision,  locates  the  site  upon  a  piece  of 
ground  known  as  the  ':  grave-yard  site."  It  is  urged  that  the  county  superinten- 
dent has  only  appellate  jurisdiction,  and  must  therefore  confine  her  decision  to 
the  two  sites  upon  which  the  parties  joined  issue.  She  seems  to  have  entertained 
some  such  idea,  as  she  sustained  a  motion  to  rule  out  all  testimony  in  regard  to 
the  unsuitableness  of  the  grave-yard  site  when  such  evidence  was  offered  in  the 
original  trial.  We  think  that  such  evidence  should  have  been  admitted. 

In  April,  1866,  the  Hon.  O.  Faville,  then  superintendent  of  public  instruction, 
obtained  this  opinion  from  Hon.  F.  E  Bissell,  then  attorney-general:  "The  case 
does  not  come  before  him  (the  county  superintendent)  merely  to  correct  an  error 
of  the  board  of  directors,  but  to  hear  and  decide  the  same  matter  that  the  board 
had  decided.  The  county  superintendent  is  not  limited  to  an  affirmance  or  rever- 
sal of  the  action  of  the  board,  but  he  determines  the  same  question  that  the  board 
determined."  See  also  John  Clark  v.  District  Township  of  Wayne,  page  47,  School 
Law  Decisions  of  1876. 

To  this  opinion  the  decisions  of  this  department  have  always  conformed.  The 
county  superintendent  therefore  did  not  go  beyond  her  jurisdiction  in  selecting  a 
site  different  from  any  which  had  been  considered  by  the  board. 

We  cannot  see,  however,  that  the  grave-yard  site  has  any  advantage  over  the 
old  site.  It  is  irregular  in  shape,  and  is  about  as  far  north  of  the  center  of  the 
subdistrict  as  the  present  site  is  south.  In  fact,  its  selection  as  a  site  for  the  new 
building  defeats  the  very  end  which  the  board  had  in  view  in  its  action  locating 
the  site  in  the  center  of  the  subdistrict. 

The  case  is  remanded  to  the  board,  with  instructions  not  to  build  upon  the 
site  selected  by  the  committee,  but  to  select  the  best  site  possible  within  a  dis- 
tance not  more  than  forty  rods  from  the  center  of  the  site  staked  out  by  the  com- 
mittee; the  south  corner  of  said  site,  however,  to  be  at  least  fifteen  rods  north  of 
the  south  corner  of  the  committee's  site;  said  site  also  to  contain  not  less  than  an 
acre,  and  to  be  as  nearly  square  in  form  as  the  circumstances  will  admit.  The 
decision  of  the  county  superintendent  is  REVERSED. 

HENRY  SABIN, 

June  7,  1888.  Superintendent  of  Public  Instigation. 


40  SCHOOL   LAW    DECISIONS. 

P.  O'CONNOR,  JR.,  v.  DISTRICT  TOWNSHIP  OF  BADGER. 
Appeal  from  Webster  County. 

JURISDICTION.  In  most  matters  with  which  boards  have  to  do  under  the  law, 
their  authority  and  responsibility  are  absolute,  and  their  jurisdiction  is  complete 
and  exclusive. 

JURISDICTION.     A  former  order  of  the  board,  or  a  decision  of  the  county  superin- 
tendent on  appeal,  will  not  operate  to  prevent  the  board  from  exercising  its  dis- 
cretion anew,  when  good  reasons  exist  for  such  action. 
REHEARING.     To  obtain  a  rehearing  the  necessity  must  be  clearly  shown. 
DISCRETIONARY  ACTS.     In  the  exercise  of  discretion,  the  benefit  of  every  reason- 
able doubt  must  be  given  in  favor  of  the  correctness  of  official  acts. 
APPEAL.     The  hearing  is  not  to  be  conducted  by  a  rigid  adherence  to  the  tech- 
nical forms  and  customs  which  prevail  in  the  courts. 

At  a  special  meeting  of  the  board  held  February  10,  1888,  it  was  voted  to- 
remove  the  schoolhouse  in  subdistrict  number  seven,  forty  rods  north  from  its- 
present  site.  P.  O'Connor,  Jr.,  appealed  to  the  county  superintendent,  who  heard 
the  case  on  the  23d  day  of  April  and  affirmed  the  action  of  the  board,  P. 
O'Connor,  Jr.,  appeals. 

The  proceedings  in  this  case  are  regular  and  the  facts  admitted  by  both 
parties.  The  only  point  in  dispute  is  this:  On  the  10th  day  of  November,  1887 
the  county  superintendent  heard  the  same  case  and  rendered  his  decision  revers- 
ing the  action  of  the  board.  As  the  board  did  not  see  fit  to  appeal,  and  as  no 
material  changes  have  taken  place  in  the  subdistrict,  it  is  claimed  that  the 
decision  of  the  county  superintendent  rendered  November  10,  1887,  must  be  con- 
sidered as  final,  and  that  no  further  proceedings  can  be  had  in  the  case.  If  this 
allegation  is  true  then  the  county  superintendent  committed  error  in  not  dismiss- 
ing the  case. 

Let  us  examine  it  a  moment,  that  we  may  arrive  at  the  intent  of  the  law.  It 
is  plain  that  the  law  reposes  great  confidence  in  the  discretionary  acts  of  a  board 
of  directors.  The  instructions  from  the  department  of  public  instruction  to 
county  superintendents  have  always  been  that  such  discretionary  acts  are  to  be 
affirmed  unless  it  can  be  very  clearly  shown  that  the  board  has  in  some  way 
abused  its  powers;  if  there  is  a  doubt  even,  the  board  is  to  have  the  benefit  of  it. 
It  has  become  a  well  established  principle  that  the  conduct  of  the  schools  and  the 
location  of  schoolhouses  should  be  left  with  those  officers  who  have  the  closest 
relation  to  the  people  for  whose  benefit  the  schools  are  maintained.  With  this 
principle  this  department  is  not  willing  to  interfere. 

Is  it  right,  then,  that  in  this  present  case  because  the  county  superintendent 
reversed  the  board  in  November,  1887,  it  should  be  left  without  further  remedy'/ 
We  think  not.  After  its  former  action  was  reversed,  the  board  had  its  choice  of 
three  courses  of  action;  it  was  bound  to  take  the  one  which  it  believed  to  be  for 
the  best  interests  of  the  subdistrict. 

It  could  ask  for  a  rehearing,  but  to  obtain  that  it  must  be  able  to  show  that 
some  very  grave  mistake  had  been  made,  or  that  it  had  discovered  some  addi- 
tional evidence  which  could  not  have  been  presented  before  by  using  reasonable 
diligence. 

It  could  appeal  to  the  superintendent  of  public  instruction,  but  in  that  event 
it  must  base  its  case  wholly  upon  the  evidence  as  presented  before  the  county 
superintendent,  as  this  department  has  no  right  to  hear  additional  testimony. 

It  could  begin  the  case  de  novo,  amend  its  record  if  it  was  faulty,  supply  omis- 
sions, introduce  new  testimony,  and  perfect  its  proceedings  in  such  ways  as  to 
obtain  if  possible  a  different  decision  from  the  county  superintendent,  or  so  as  to 
make  a  stronger  case  before  the  superintendent  of  public  instruction  if  either 
party  found  it  necessary  to  appeal  to  him. 

In  this  case  the  board  chose  the  last  remedy,  and  we  think  it  was  wise  in  doing 
so,  as  the  most  ready  manner  of  obtaining  a  final  adjudication  of  the  whole  matter 


SCHOOL  LAW   DECISIONS.  41 

After  careful  study  of  the  authorities  cited  by  counsel,  we  can  only  reach  this 
conclusion.  If  the  aggrieved  party  fails  to  appeal  within  the  thirty  days  allowed 
by  the  law,  the  decision  of  the  county  superintendent  becomes  final  as  far  as  that 
particular  case  is  concerned;  but  we  find  nothing  in  the  law  to  warrant  the  con- 
clusion that  a  reversal  by  the  county  superintendent  acts  as  a  bar  to  any  further 
proceedings  because  the  district  board  did  not  then  and  there  take  an  appeal  to. 
the  superintendent  of  public  instruction.  Such  a  conclusion  would  defeat  the 
ends  aimed  at  by  the  law  in  placing  the  management  of  the  schools  in  the  hands 
of  the  school  officers  as  chosen  by  the  people.  The  county  superintendent  and 
the  superintendent  of  public  instruction,  in  hearing  these  appeal  cases  have  the 
jurisdiction  somewhat,  of  a  court  of  equity  and  are  not  bound  by  a  rigid  adher- 
ence to  the  technical  forms  and  customs  which  prevail  in  the  courts  of  justice. 

In  reaching  this  conclusion  we  are  supported  by  the  case  of  Morgan  v.  Wilfley 
et  aZ.,  70  Iowa,  338.  "The  power  to  redistrict  and  change  subdistricts  is  conferred 
upon  the  board  by  the  statute,  and  action  in  that  direction,  for  sufficient  cause, 
cannot  be  considered  as  unauthorized."  The  power  to  change  or  fix  the  school- 
house  site  is  conferred  in  the  same  manner.  Further:  "The  board  of  directors 
cannot  be  so  fettered  by  its  prior  action,  or  by  legal  proceedings,  that  it  may  not, 
at  any  time,  for  sufficient  cause,  redistrict  the  township,  as  in  its  best  judgment 
may  be  demanded  by  the  interest  of  all  the  children  of  the  district. ' '  The  prin- 
ciple here  enunciated  is  so  broad  that  it  applies  to  all  the  actions  of  the  board, 
and  it  is  not  necessary  to  dwell  upon  it. 

In  regard  to  the  merits  of  this  case,  there  is  nothing  to  be  said.  There  is  no 
evidence  to  show  that  the  board  abused  its  authority,  and  consequently  no  reason 
for  setting  its  order  aside.  The  decision  of  the  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

July  9,  1888.  Superintendent  of  Public  Instruction. 


MICHAEL  MELENEY  v.  DISTRICT  TOWNSHIP  OF  ERIN. 
Appeal  from  Hancock  County* 

DISCRETIONARY  ACTS.    May  not  be  reversed  unless  the  proof   is  conclusive. 
The  board  must  bear  any  blame  that  may  attach  to  an  inexpedient  action. 
APPEAL.     An  appellate   tribunal  may  not  assume    original    jurisdiction.     The 
order  of  the  board  must  be  affirmed  unless  it  is  proved  beyond  doubt  that  a 
reversal  is  necessary. 

DISCRETIONARY  ACTS.  The  county  superintendent,  having  only  appellate  juris- 
diction, should  not  reverse  discretionary  acts  of  the  board  without  explicit  and 
clearly  stated  proof  of  the  abuse  of  such  discretion,  even  though  not  fully  approv- 
ing its  action. 

The  transcript  in  this  case  shows  that  on  the  19th  day  of  March,  1888,  the 
board  voted  to  locate  the  new  schoolhouse  in  subdistrict  number  six,  as  near  the 
corner  of  sections  3,  4,  9  and  10  as  practicable.  April  23,  1888,  it  voted  to  locate 
the  house  on  the  southeast  corner  of  the  southwest  quarter  of  section  four.  From 
this  decision  Michael  Meleney  appealed  to  the  county  superintendent,  who,  after- 
hearing  evidence  in  the  case,  reversed  the  action  of  the  board  and  relocated  the 
site  for  the  new  schoolhouse  near  the  southeast  corner  of  the  northwest  quarter  of 
section  nine  From  this  decision  William  Boldt  appeals. 

The  law  vests  very  large  discretionary  powers  in  the  board.  It  is  chosen  by 
the  people  for  a  specific  purpose  and  is  directly  responsible  to  the  people  for  the 
manner  in  which  it  discharges  its  duties.  Parties  feeling  themselves  aggrieved 
by  the  action  of  the  directors  have  the  right  of  appeal,  but  they  must  make  it 
plain  that  their  grievance  is  something  more  than  personal  in  its  nature;  that  it 
consists  in  some  violation  of  the  law,  or  some  abuse  of  discretion  on  the  part  of 
the  directors,  such  as  being  actuated  by  selfish  or  improper  motives  or  neglect- 
ing to  exercise  due  discretion  in  guarding  the  interests  of  the  entire  district. 


42  SCHOOL  LAW   DECISIONS. 

The  county  superintendent,  it  is  true,  may  determine  whatever  questions  the 
board  had  determined,  but  he  is  not  to  put  himself  in  the  place  of  the  board,  nor 
is  he  to  assume,  except  in  extreme  cases,  the  responsibility  which  belongs  to  it. 
It  is  not  expected  that  he  will  assume  original  jurisdiction  and  reverse  its  action 
upon  his  individual  judgment.  He  may  even  think  that  if  he  had  been  a  member 
of  the  board  he  would  have  voted  differently  from  the  majority,  or  that  some 
other  course  than  that  taken  by  the  board  would  have  been  better  for  the 
interests  of  the  district,  and  yet  feel  compelled  to  affirm  the  action  of  the  board. 
He  may  not  reverse  its  action  unless  it  is  proved  beyond  doubt  that  it  violated 
law  or  in  some  manner  abused  its  discretion.  If  there  is  any  doubt,  the  board  is 
to  have  the  benefit  of  that  doubt. 

The  township  of  Erin  consists  of  five  subdistricts.  Three  of  the  directors 
voted  to  locate  the  new  house  in  subdistrict  number  two,  on  the  site  in  question, 
and  two  favored  a  site  one-half  mile  farther  south.  There  was  very  little  testi- 
mony introduced  in  the  trial  before  the  county  superintendent.  While  it  is 
evident  that  the  site  chosen  by  the  majority  of  the  directors  is  in  some  respects 
not  the  most  desirable  for  a  schoolhouse  site,  it  is  uncertain  whether  there  is  any 
better  site  in  that  neighborhood.  There  is  nothing  to  show  that  the  board  has 
violated  any  law  or  in  any  way  abused  its  discretion. 

The  proceedings  of  the  county  superintendent  in  this  case  have  been  in  all 
respects  in  accordance  with  the  requirements  of  the  law,  and  he  was  undoubtedly 
actuated  by  'the  best  motives.  We  cannot  however  affirm  his  decision  without 
violating  a  well  known  rule  of  law  and  reversing  the  policy  which  this  depart- 
ment has  followed  without  an  exception.  The  decision  of  the  county  superin- 
tendent is  REVERSED. 

HENRY  SABIN, 

September  17,  1888.  Superintendent  of  Public  Instruction. 


SAMUEL  WALKER  v.  J.  S.  CRAWFORD,  COUNTY  SUPERINTENDENT. 
Appeal  from  Cass  County. 

CERTIFICATE.     The  county  superintendent  is  his  own  judge  as  to  how  fully  he 
will  give  the  applicant  reasons  for  the  refusal  of  a  certificate. 
CERTIFICATE.     The  county  superintendent  is  charged  with  the  responsibility  of 
refusing  to  issue  a  certificate  to  any  person  unless  fully  satisfied  that  the  applicant 
possesses  the  essential  qualifications  demanded  of  teachers  by  the  law. 
DISCRETIONARY  ACTS.    Unless  a  marked  violation  of  the  large  discretion  vested 
in  the  county  superintendent  is  proved  clearly  and  conclusively,   his  action 
in  refusing  or  revoking  a  certificate  will  not  be  interfered  with  on  appeal. 
CERTIFICATE.     The  decision  of  a  county  superintendent  refusing  a  certificate  will 
not  be  interfered  with  on  appeal  unless  it  appears  that  he  acted  from  passion  or 
prejudice. 

This  case  arises  from  the  refusal  of  J.  S.  Crawford,  county  superintendent  of 
Cass  county,  to  grant  a  certificate  to  Samuel  Walker  to  teach  in  the  schools  of 
said  county.  The  case  was  reheard  on  the  1st  day  of  December,  1888,  by  way  of 
appeal,  the  superintendent  affirming  his  former  decision.  Samuel  Walker  appeals. 

Section  1766  requires  the  county  superintendent  to  examine  each  candidate 
desiring  to  teach  in  the  public  schools  of  the  county,  in  certain  branches  enu- 
merated therein,  with  special  reference  to  his  competency  and  ability  to  teach 
the  same.  But  section  1767  still  further  directs  that  the  county  superintendent 
must  satisfy  himself  that  the  applicant  possesses  a  good  moral  character  and  the 
essential  qualifications  for  governing  and  instructing  children  and  youth.  Here 
then,  are  three  distinct  qualifications  to  be  investigated  and  determined  by  the 
county  superintendent  before  he  issues  the  certificate.  My  predecessor  very 
pointedly  says  in  a  written  opinion  on  file  in  this  office:  "Under  the  law  the 
county  superintendent  must  be  satisfied  that  you  (the  candidate)  possess  all  the 
qualifications  enumerated  by  the  law." 


SCHOOL  LAW   DECISIONS.  48 

In  this  case  it  is  not  claimed  that  the  appellant  is  deficient  in  the  branches 
usually  taught  in  the  public  schools.  Neither  is  it  charged  that  he  does  not 
possess  a  good  moral  character.  The  only  point  in  question  is  his  ability  to 
instruct  and  govern  children  and  youth.  We  confess  that  this  is  an  exceedingly 
difficult  point  to  determine  in  many  cases.  The  surest  way  undoubtedly  is  to 
visit  and  inspect  the  school,  but  we  think  the  county  superintendent  took  the  next 
best  way  when  he  drew  the  candidate  into  a  conversation  and  allowed  him  to 
express  himself  freely  and  without  reserve.  Certain  traits  of  character  most  essen- 
tial to  a  teacher  cannot  be  ascertained  by  a  written  examination  alone. 

At  the  time  of  the  trial  on  appeal  the  county  superintendent  was  placed  on  the 
stand  as  a  witness  for  the  appellant.  In  the  course  of  his  testimony  he  made  this 
statement:  "I  refused  Mr.  Walker  a  certificate  because  I  thought,  and  still 
think,  Mr.  Walker  did  not  have  judgment,  a  well  balanced  mind,  and  common 
sense,  to  teach  a  good  school."  It  is  not  the  duty  of  the  superintendent  of  public 
instruction  to  try  this  case  de  novo  in  order  to  determine  the  correctness  of  this 
conclusion.  We  are  not  called  upon  to  pass  upon  the  fitness  or  unfitness  of  Mr. 
Walker  to  teach  in  the  schools  of  Cass  county. 

Did  the  county  superintendent  err,  in  that  he  was  actuated  by  wrong  motives? 
If  through  passion  or  prejudice  he  refused  Mr.  Walker  a  certificate  he  did  him 
an  injustice,  and  his  decision  should  be  reversed.  The  existence  of  such  a 
ruling  motive  would  show  itself  somewhere  in  the  evidence.  We  have  read  the 
transcript  several  times  with  care,  and  we  fail  to  find  any  disagreement  existing 
between  the  parties  previous  to,  or  at  the  time  the  appellant  was  first  examined, 
or  that  Mr.  Crawford  has  spoken  unkindly  of  Mr.  Walker  or  shown  a  disposition 
to  injure  him  in  any  way.  It  was  competent  for  the  appellant  to  show  clearly  at 
the  trial  that  the  county  superintendent  was  prejudiced  against  him  to  such  an 
extent  as  not  to  do  him  justice,  this  he  has  failed  to  do  by  any  reliable  testimony. 
The  weight  of  the  testimony  is  to  the  effect  that  the  county  superintendent  was 
endeavoring  to  do  his  duty  as  a  school  officer  and  in  this  the  superintendent  of 
public  instruction  must  sustain  him. 

The  counsel  for  the  appellant  claims  that  the  county  superintendent  erred  in 
not  informing  the  applicant  upon  what  grounds  he  refused  him  a  certificate.  The 
testimony  of  Mr.  Frost,  from  his  long  experience  in  the  office  of  county  superin- 
tendent, has  great  weight.  We  agree  with  him  that  it  is  usually  better  to  inform 
the  applicant  frankly  and  fully  why  the  certificate  is  refused,  but  cases  may  arise 
in  which  it  is  as  well  not  to  do  this.  The  law  is  silent  upon  this  point ,  the  county 
superintendent  must  be  his  own  judge  of  what  it  is  best  to  do.  We  do  not  think 
the  refusal  in  this  case  is  an  error  on  the  part  of  the  county  superintendent. 

It  is  also  alleged  on  the  part  of  the  appellant  that  "the  county  superintendent 
made  a  wrongful  decision  upon  the  facts  in  the  case."  The  appellant  introduced 
evidence  to  show  that  he  had  taught  a  fairly  successful  school,  and  that  he  was  in 
good  repute  as  a  teacher  in  his  own  neighborhood.  All  this  was  pertinent  to  the 
question  at  issue,  but  if  the  conversation  and  actions  of  the  appellant  made  such 
an  impression  upon  the  mind  of  the  county  superintendent  at  the  time  of  exam- 
ination that  this  evidence  even  could  not  overcome  it,  the  county  superintendent 
could  not  consistently  do  otherwise  than  as  he  did. 

The  discretion  vested  in  the  county  superintendent  by  the  law  is  very  large, 
and  for  this  purpose,  that  he  may  guard  the  public  schools  against  the  intrusion 
of  persons  unworthy  or  unfit  for  the  office  of  teacher.  The  department  of  public 
instruction  cannot  release  him  from  his  responsibility,  nor  can  it  interfere  with 
his  discretionary  acts  except  upon  the  clearest  and  most  convincing  proofs  of  vio- 
lation of  law,  or  of  the  influence  of  passion  or  prejudice  in  the  performance  of  his 
official  duty. 

The  appellee,  on  the  other  hand,  seems  to  argue  that  the  actions  of  the  county 
superintendent,  in  refusing  to  grant  a  certificate,  cannot  be  interfered  with  by 


44  SCHOOL  LAW  DECISIONS. 

the  superintendent  of  public  instruction.  In  1867,  Hon.  D.  Franklin  Wells,  then 
superintendent  of  public  instruction,  obtained  an  opinion  from  the  attorney-gen- 
eral of  the  state,  Hon.  F.  E.  Bissell,  upon  this  point.  The  following  extract  from 
that  opinion  is  answer  to  each  of  the  claims  just  considered:  "Chapter  52,  laws 
of  the  tenth  general  assembly,  provides  that  the  superintendent  of  public  instruc- 
tion shall  be  charged  with  the  supervision  of  all  the  county  superintendents,  and 
shall  determine  all  cases  appealed  from  the  decision  of  the  county  superintendent, 
I  hold  that  under  the  above  provisions,  the  right  of  appeal  is  clearly  inferrable, 
if  not  directly  given  to  any  one  aggrieved  by  the  refusal  of  the  county  superin- 
tendent to  give  P«  certificate,  or  by  the  revocation  of  a  certificate.  The  power 
should,  however,  be  very  cautiously  exercised  and  the  decision  of  the  county 
superintendent  should  not  be  interfered  with  except  in  case  of  a  clear  violation 
of  duty,  or  when  the  act  was  the  clear  result  of  passion  or  prejudice." 

After  a  careful  review  of  the  testimony  and  the  able  arguments  submitted  to 
us,  we  do  not  find  sufficient  reason  for  reversing  the  decision  made  heretofore. 

AFFIRMED. 
HENRY  SABIN, 

February  4,  1889.  Superintendent  of  Public  Instmtction. 


PERRY  HODGE  v.  R.  B.  YOUNG,  COUNTY  SUPERINTENDENT 
Appeal  from  Dickinson  County 

APPEAL.     An  appeal  will  lie  to  determine  conclusively  whether  the  provisions  of 
the  law  have  been  complied  with. 

TERRITORY.     When  a  transfer  is  sought,  no  appeal  will  lie  to  control  the  discre- 
tion of  the  county  superintendent  or  board. 

TRANSFER.     The  natural  obstacle  must  be  impassable  to  such  a  degree  as  to 
remain  an  actual  impediment  to  attendance. 

On  the  18th  day  of  February,  1889,  R.  B.  Young,  county  superintendent  of 
Dickinson  county,  issued  an  order  that  the  S.  E.  quarter  and  also  the  N.  E.  quar- 
ter of  Sec.  24,  99,  36,  Center  Grove  township,  should  be  set  off  to  Richland  town- 
ship, for  school  purposes  under  section  1797.  Perry  Hodge  appeals  from  this  order. 

It  is  also  in  evidence  that  the  board  of  the  district  affected  gave  its  consent  to 
the  transfer  of  territory.  As  this  is  a  case  in  which  the  county  superintendent 
has  original  jurisdiction  to  act  with  the  board  of  the  district  affected,  no  appeal 
will  lie  from  his  action  to  control  his  discretion.  It  is  competent,  however,  for 
the  superintendent  of  public  instruction  to  entertain  an  appeal  for  the  purpose  of 
ascertaining  whether  the  provisions  of  section  1797  apply.  If  there  is  clear  evi- 
dence that  the  provisions  of  said  section  do  not  apply,  the  order  of  the  county 
superintendent  must  be  set  aside.  There  seems  to  be  clear  proof  that  such  a 
natural  obstacle  as  the  law  contemplates,  does  not  exist  in  this  case.  There  are 
in  evidence  the  affidavits  of  certain  parties  who  claim  to  be  well  acquainted  with 
the  territory  transferred  by  said  order,  to  the  effect  that  the  slough  in  question 
is  by  no  means  impassable  to  such  a  degree  as  to  act  as  an  obstacle  to  children 
attending  school  in  Center  Grove  township,  in  the  meaning  contemplated  by  the 
law.  It  is  held  that  there  is  no  power  under  section  1797,  to  transfer  said  terri- 
tory. The  order  of  the  county  superintendent,  dated  February  18,  1889,  is  there- 
fore declared  void  and  REVERSED. 

HENRY  SABIN. 

May  18,  1889.  Superintendent  of  Public  Instruction. 

G.  W.  DAVIS  et  al.  v.  DISTRICT  TOWNSHIP  OF  LINN. 
Appeal  from  Linn  County. 

APPEAL.     Will  not  lie  to  control  the  action  of  a  board  or  of  the  county  superin- 
tendent, where  concurrence  is  provided  for. 


SCHOOL  LAW   DECISIONS.  45 

TUITION.     To  enable  the  district  in  which  the  children  reside  to  collect  tuition, 
all  the  requirements  of  the  law  must  first  be  fulfilled. 

At  its  regular  meeting  on  the  18th  of  March,  1889,  the  board  passed  a  resolu- 
tion excluding  from  the  privileges  of  the  school  in  subdistrict  number  seven, 
children  from  the  independent  district  of  Laurel  Hill  in  Jones  county  who  had 
from  time  to  time  for  many  years,  been  allowed  to  attend  the  school  in  said  sub- 
district  number  seven.  On  the  13th  of  April  the  board  considered  a  petition  of 
parties  in  the  adjoining  district  of  Laurel  Hill  desiring  to  send  to  the  school  in 
Linn  township,  and  passed  an  order  refusing  to  admit  their  scholars.  From  this 
action,  G.  W.  Davis  and  others  appealed  to  the  county  superintendent  who  heard 
the  case  on  the  9th  of  May,  affirming  the  order  of  the  board  From  his  decision 
G.  W0  Davis  appeals. 

The  attendance  of  scholars  living  in  an  adjoining  district  is  governed  by 
section  1793.  By  the  portion  of  the  section  to  which  this  appeal  relates,  children 
may  attend  in  another  district  on  such  terms  as  may  be  agreed  upon  by  the 
respective  boards.  In  the  history  of  this  case  it  is  not  shown  that  any  action  was 
taken  by  the  board  of  Laurel  Hill  as  to  agreement  regarding  terms  of  attendance 
The  board  of  the  district  township  of  Linn  refused  to  admit  the  scholars  in 
question.  It  is  from  this  order,  an  initial  action,  that  appeal  was  taken. 

At  the  trial  before  the  county  superintendent  a  statement  of  facts  was  sub- 
mitted and  was  agreed  to  by  both  parties  to  the  appeal,  as  a  basis  upon  which 
the  appeal  should  be  heard.  At  this  point  the  board  by  its  attorney  filed  a 
demurrer,  urging  that  the  county  superintendent  could  not  acquire  jurisdiction; 
that  the  action  of  the  board  complained  of  was  not  subject  to  revision  upon  appeal; 
and  asking  the  county  superintendent  to  dismiss  the  case  for  want  of  jurisdiction. 
The  demurrer  was  overruled,  the  case  was  tried  on  the  agreed  statement  of  facts, 
and  the  order  of  the  board  affirmed.  Did  the  county  superintendent  err  in  over- 
ruling the  motion  to  dismiss  the  case  for  want  of  jurisdiction?  We  think  he  did. 

If  the  boards  fail  to  agree  upon  terms  of  attendance,  certain  conditions  regard- 
ing distance  from  the  respective  schools  being  fulfilled,  as  they  are  in  this  case, 
section  1793  itself  provides  the  next  step  to  be  taken.  The  county  superintendent 
of  the  county  in  which  the  children,  reside  may  give  his  consent  with  that  of  the 
board  of  the  district  where  the  children  desire  to  attend,  admitting  them.  But 
from  the  refusal  of  the  board  to  admit  the  children  it  is  held  and  has  been  uni- 
formly held  in  opinions  by  this  department,  that  appeal  will  not  lie  It  has 
always  been  conceded  to  be  the  intention  of  the  lawmakers  to  leave  with  the 
board  of  the  district  in  which  the  school  is  maintained,  the  matter  of  determining 
finally  and  conclusively,  if  it  chooses,  that  scholars  shall  not  be  admitted  under 
the  provisions  of  section  1793.  If  its  consent  is  withheld,  neither  the  courts  of 
law  nor  any  appellate  tribunal  may  set  aside  its  order  of  refusal,  and  compel  it  to 
admit  outsiders  and  accept  as  compensation  for  their  instruction  the  amounts 
fixed  by  section  1793.  We  haye  referred  to  this  matter  at  such  length,  because 
the  counsel  for  the  appellant  urges  the  claim  that  the  case  should  be  remanded 
for  a  new  trial. 

We  are  compelled  to  find  that  there  are  but  two  methods  in  law,  by  which 
attendance  in  subdistrict  number  seven  may  be  secured  for  their  children  by 
the  appellants.  The  two  boards  may  agree  as  to  the  terms  of  attendance.  Or 
after  they  have  refused  to  agree  the  concurrent  consent  of  the  county  superin- 
tendent of  Jones  county  and  the  board  of  the  district  township  of  Linn,  will  entitle 
the  children  to  attendance  and  bind  their  home  district  for  the  expenses  of  their 
instruction  in  the  manner  provided  by  section  1793.  But  appeal  will  not  lie  to 
control  the  action  of  either  board,  or  of  the  county  superintendent. 

REVERSED  AND  DISMISSED. 
HENRY  SABIN, 

August  6,  1889.  Superintendent  of  Public  Instruction. 


46  SCHOOL  LAW  DECISIONS. 

J.  S.  FOLSOM  et  al  v.  DISTRICT  TOWNSHIP  OF  CENTER. 

Appeal  from  Cedar  County. 
MODIFICATION  OF  DECISION. 

APPEAL.     A  decision  may  be  modified  upon  proof  that  a  change  in  its  terms  is 
desirable. 

The  decision  given  in  the  above  entitled  appeal,  dated  June  7,  1888,  is  hereby 
modified  as  follows: 

We  are  assured  that  the  provisions  of  the  decision  have  been  complied  with, 
the  site  having  been  located  and  the  schoolhouse  built  thereon  in  strict  con- 
formity with  the  terms  of  the  decision.  It  is  now  desired  by  all  parties  to  change 
the  form  of  the  site,  slightly.  Our  decision  referred  to  above  is  therefore  modi- 
fied so  that  the  site  may  extend  about  eighteen  rods  south  of  the  limitation  made 
by  the  former  decision,  and  shall  be  about  twenty-two  rods  long,  six  rods  wide 
at  the  south  end,  and  nine  rods  wide  at  the  north  end. 

HENRY  SABIN, 

December  30,  1889.  Superintendent  of  Public  Instruction. 


ISHAM  WATKINS  v.  INDEPENDENT  DISTRICT  OF  EMPIRE. 
Appeal  from  Marion  County. 

APPEAL.  An  appeal  will  not  lie  from  an  order  of  a  board  initiating  a  change  in 
boundaries,  where  the  concurrence  of  the  board  of  an  adjoining  district  is  neces- 
sary to  effect  the  change. 

APPEAL.     Where  changes  are  effected  in  district  boundaries  by  the  concurrent 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board  concurring 
or  refusing  to  concur,  but  not  from  the  order  of  the  board  taking  action  first. 
JURISDICTION.     The  jurisdiction  of  an  appellate  tribunal  is  not  greater  than  that 
of  the  board  from  whose  action  the  appeal  is  taken. 

On  the  16th  of  September,  1889,  the  board  of  the  independent  district  of  High- 
land determined  to  notify  Isham  Watkins  of  Empire  district,  that  his  children 
could  not  any  longer  attend  the  school  in  Highland  district.  The  records  show 
that  it  was  willing  that  he  should  be  attached  to  Highland  district.  This  was 
taken  as  an  initiatory  movement.  Isham  Watkins  petitioned  the  board  of  the 
Empire  district  to  set  off  the  north  half  of  northeast  quarter  of  section  25,  75,  21, 
to  the  independent  district  of  Highland.  The  petition  was  rejected,  in  effect  the 
Empire  board  refused  to  concur.  An  appeal  was  taken  to  the  county  superin- 
tendent, who  ordered  that  the  northeast  quarter  of  northeast  quarter  of  section 
25,  be  detached  from  the  independent  district  of  Empire  and  attached  to  the 
independent  district  of  Highland. 

Of  the  several  questions  involved  in  this  case  it  is  necessary  to  discuss  only 
one.  Did  the  county  superintendent  exceed  his  jurisdiction?  The  board  of 
Highland  initiated  an  action.  The  board  of  Empire  district  must  either  concur 
or  nonconcur,  and  from  its  action  an  appeal  could  be  taken.  If  it  did  not  choose 
to  accede  to  the  proposition  of  the  Highland  district,  then  action  in  that  par- 
ticular ended  with  its  vote  to  nonconcur.  If  it  had  a  different  proposition  to  make, 
as  for  instance  granting  forty  acres,  it  could  only  initiate  a  movement  to  that 
effect,  and  leave  it  for  Highland  district  to  act,  and  from  the  action  of  the  latter 
board  an  appeal  could  then  be  taken. 

In  this  case  the  county  superintendent  initiates  a  new  action,  and  leaves  it  for 
Highland  district  to  act.  Now  if  this  action  is  allowed  to  stand,  any  one  aggrieved 
may  take  an  appeal  from  the  action  of  the  board  of  the  Highland  district.  He 
would  then  have  an  appeal  brought  before  the  county  superintendent  from  an 
action  which  he  himself  initiated.  It  might  be  further  argued  that  if  the  county 
superintendent  has  original  jurisdiction,  then  this  appeal  cannot  lie,  as  an  appeal 


SCHOOL  LAW   DECISIONS.  47 

can  be  taken  only  from  the  order  of  the  board  completing  the  action.  The  prec- 
edents established  have  been  followed  closely  by  this  department  and  we  can  see 
no  reason  for  breaking  away  from  them. 

It  is  held  that  in  cases  requiring-  the  concurrent  action  of  two  boards,  the 
board  completing  the  action  can  only  concur  or  nonconcur.  Any  action  involving 
a  new  proposition  initiates  a  new  case,  which  must  be  passed  upon  by  the  other 
board  concerned  in  the  matter  and  from  which  an  appeal  can  be  taken.  It  is 
further  held  that  the  county  superintendent  upon  appeal  is  limited  to  reversing 
or  affirming  the  action  of  the  board  completing  the  action,  and  that  he  cannot 
assume  original  jurisdiction  and  do  what  the  board  appealed  from  could  not  do. 

It  seems  apparent  that  Mr.  Watkins  has  not  reasonably  good  school  facilities 
and  we  regret  that  we  are  compelled  to  set  aside  the  decision  of  the  county  super- 
intendent. He  was  actuated  by  laudable  motives  and  was  looking  for  the  best 
interests  of  the  children  in  this  case.  We  are,  however,  forced  to  the  conclusion 
that  the  county  superintentent  erred  in  assuming  original  jurisdiction. 

REVERSED  AND  DISMISSED. 
HENRY  SABIN, 

March  18,  1890.  Superintendent  of  Public  Instruction. 


ROBERT  MAXWELL  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Union  County. 

PROCEEDINGS.     The  regularity  of  all  the  proceedings  will  be  presumed  upon. 

This  is  true  in  an  especial  sense  when  the  records  are  more  than  usually  complete. 

TEACHER.     In  the  trial  of  a  teacher  the  board  is  bound  carefully  to  protect  the 

interests  of  the  district  and  to  seek  the  welfare  of  the  school,  as  well  as  to  regard 

the  rights  guaranteed  to  the  teacher. 

NOTICE.     Appearance  at  the  trial  is  a  complete  waiver  of  notice. 

RECORDS.     The  record  of  the  secretary  must  be  considered  as  evidence,  unless 

there  is  proof  of  fraud  or  falsehood. 

On  the  9th  day  of  December,  1889,  the  secretary  acting  upon  a  petition  signed 
by  five  residents,  called  a  meeting  of  the  board  for  December  14,  to  examine  the 
teacher  of  subdistrict  number  -eight.  A  notice  was  also  served  upon  the  teacher 
the  same  date,  signed  by  secretary,  both  the  call  and  the  notice  being  spread 
upon  the  records  in  due  form.  The  meeting  was  held  on  the  14th  of  December. 
The  records  show  that  the  appellant  was  present  and  objected  to  the  considera- 
tion of  the  charges,  as  the  proceedings  were  not  in  accordance  with  section  1734,, 
At  the  same  time  he  demanded  a  copy  of  the  charges  and  that  one  week  be  given 
him  in  which  to  prepare  his  defense,  which  demand  was  complied  with  and  the 
board  adjourned  to  December  21. 

If  the  appellant  had  moved  to  dismiss  the  case,  it  would  not  have  been  an  error 
to  sustain  the  motion,  but  he  submitted  to  the  jurisdiction  of  the  board  and  obtained 
a  continuance  of  the  case  until  December  21  It  must  be  held  that  by  this  action 
he  waived  any  defect  or  irregularity  in  the  jurisdiction  of  the  board  in  this  case 
The  purpose  and  object  of  the  process,  as  pointed  out  in  section  1734,  was  fully 
accomplished.  See  Wilgus  et  al.,  v.  Gettings  et  oil.,  19  Iowa,  page  82  At  the  meet- 
ing held  December  21,  the  board  voted  to  discharge  the  teacher.  An  appeal  was 
taken  to  the  county  superintendent  who  affirmed  the  board.  The  appellant 
appeals  to  the  superintendent  of  public  instruction. 

The  only  question  before  the  county  superintendent  was  whether  the  condi- 
tions as  prescribed  in  section  1734  were  fully  complied  with.  It  is  alleged  that 
while  the  teacher  was  present,  he  was  not  allowed  to  make  his  defense.  The 
secretary's  transcript  furnishes  the  only  means  of  determining  this.  The  records 
show  that  he  was  allowed  to  cross-examine  witnesses,  and  they  do  not  show  that  he 
was  barred  from  offering  evidence  had  he  chosen  to  do  so.  There  can  be  no  ques- 
tion of  the  power  of  the  board  under  the  law  to  discharge  the  teacher.  It  is  held 


48  SCHOOL  LAW  DECISIONS. 

in  case  of  Kirkpatrick  v.  Independent  District  of  Liberty,  53  Iowa,  585,  that  the  board 
does  not  act  as  a  court,  in  any  strict  sense,  and  is  not  bound  by  the  rules  applicable 
to  a  court.  The  intent  of  the  statute  is  evidently,  while  it  guards  carefully  the 
rights  of  the  teacher,  to  enable  the  board  to  discharge  a  teacher  who,  after  a 
careful  investigation,  is  determined  to  be  unfit  for  the  position.  It  is  termed  "a 
simple  and  inexpensive  way  of  determining  rights  "  It  is  claimed  by  the  counsel 
for  the  appellant  that  when  a  certain  mode  is  prescribed  in  determining  a  case 
not  in  the  usual  course  of  the  common  law,  such  mode  must  be  followed,  and 
reference  is  made  to  the  case  of  Cooper  v.  Sunderland,  3  Iowa,  125  But  it  is  held 
in  the  same  case  that  when  sufficient  appears  on  the  face  of  the  records  to  give  it 
jurisdiction  under  the  law  conferring  the  power,  then  the  presumption  attaches 
in  favor  of  the  remainder  of  the  proceedings  of  the  court  If  the  action  of  the 
appellant  in  appearing  for  trial  gave  the  board  jurisdiction,  then  all  the  proceed  - 
ings  must  be  held  to  be  regular  The  discharge  of  a  teacher  is  largely  within  the 
discretionary  power  of  the  board.  It  is  to  guard  the  rights  of  the  district  and  the 
interests  of  the  school,  as  well  as  the  rights  of  the  teacher.  After  a  full  and  fair 
investigation  it  is  its  duty  to  act  as  it  deems  best,  under  all  the  conditions  and 
circumstances  of  the  case.  See  Smith  v.  District  Township  of  Knox,  42  Iowa,  522. 
This  being  the  case  it  is  the  duty  of  the  county  superintendent  not  to  interfere 
with  the  action  of  the  board  unless  he  is  convinced  that  it  in  some  way  abused  its 
discretion.  He  is  right  in  sustaining  the  board  even  though  as  an  individual  he 
would  have  preferred  some  other  action  on  its  part. 

Our  conclusion  is,  after  a  careful  consideration  of  the  matter  and  after  read- 
ing the  transcript  with  unusual  care,  that  the  defendant  had  a  fair  and  impartial 
trial,  and  that  the  terms  of  the  law  were  substantially  complied  with.  The 
decision  of  the  county  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

June  12,  1890.  Superintendent  of  Public  Instruction. 


KELLEY  AND  SMITH  v.  DISTRICT  TOWNSHIP  OF  EDEN. 
Appeal  from  Decatur  County. 

BOARD  OF  DIRECTORS.  After  sucli  a  decision  as  prevents  any  action  of  the  board 
until  some  material  change  occurs,  in  order  that  the  board  may  act  anew  changes 
of  such  a  character  as  to  obviate  to  a  large  extent  the  objections  that  previously 
existed,  must  have  taken  place. 

The  main  points  in  this  case  are  simply  these:  On  the  8th  day  of  February. 
1890,  the  board  voted  to  abolish  subdistrict  number  eight.  Appeal  was  taken  to 
the  county  superintendent,  who  reversed  the  action  of  the  board  An  appeal  was 
then  taken  to  the  superintendent  of  public  instruction. 

This  department  has  held  that  when  a  case  involving  a  change  of  subdistrict 
boundaries  has  been  adjudicated  by  the  county  superintendent,  reversing  the 
action  of  the  board,  and  has  been  affirmed  when  brought  before  the  superintendent 
of  public  instruction,  upon  appeal,  it  cannot  again  be  brought  upon  appeal,  unless 
it  can  be  shown  that  some  material  change  affecting  the  conditions  of  the  case 
has  taken  place  since  the  date  of  the  former  decision  It  is  proper  to  say  that 
this  holding  is  based  upon  opinions  uniformly  given  by  the  former  superintendents 
of  public  instruction,  and  on  file  in  this  office 

As  this  case  was  substantially  before  this  department  in  March,  1888,  it  is  first 
in  order  to  determine  whether  any  material  change  has  taken  place  affecting  the 
conditions  of  the  case,  since  that  date.  By  a  material  change  we  mean  such  a 
change  as  would  obviate  to  a  large  extent  the  objections  raised  against  the  action 
of  the  board  at  that  time. 

The  erection  of  the  bridge  over  Little  river  does  not,  according  to  the  testi- 
mony,, lessen  the  difficulty  of  attending  school  on  the  part  of  certain  scholars,  as 


SCHOOL  LAW  DECISIONS.  49 

t<he  bottom  land  is  impassable  during  high  water.  There  has  been  no  decrease  in 
the  number  of  pupils  which  renders  it  expedient  to  abolish  subdistrict  number 
eight.  The  taxes  in  Eden  township  for  school  purposes  are  not  in  excess  of  what 
they  were  in  1888. 

We  are  unable  to  find,  after  carefully  reading  the  testimony,  that  there  has 
been  any  material  change  affecting  this  case  since  our  decision  rendered  March 
16,  1888.  This  conclusion  renders  it  unnecessary  to  examine  other  points  raised 
by  counsel.  AFFIRMED  AND  DISMISSED. 

HENRY  SABIN, 

June  23,  1890.  Superintendent  of  Public  Instruction. 


MICHAEL  DONELON  v.  DISTRICT  TOWNSHIP  OF  KNIEST. 
Appeal  from  Carroll  County. 

SUBDISTRICT  BOUNDARIES.  The  boundaries  of  subdistricts  may  be  changed  or 
now  subdistricts  formed,  only  at  the  regular  meeting  of  the  board  in  September, 
or  at  a  special  meeting  held  before  the  following  March. 

On  the  24th  of  March,  1890,  the  board  made  an  order  changing  the  boundary 
between  subdistricts  four  and  five.  Michael  Donelon,  residing  upon  the  territory 
transferred,  appealed  to  the  county  superintendent,  who  on  the  14th  of  April 
affirmed  the  order  of  the  board,  and  from  his  decision  Mr.  Donelon  appeals. 

The  action  of  the  board  called  in  question  was  taken  under  section  1796,  the 
first  of  which  section  reads:  "The  board  of  directors  shall,  at  their  regular  meet- 
ing in  September,  or  at  any  special  meeting  called  thereafter  for  that  purpose, 
divide  their  township  into  subdistricts,  etc."  It  has  been  continuously  lield  by 
this  department  ever  since  the  enactment  of  the  provision  of  law  quoted  above, 
that  as  changes  in  the  subdistrict  boundaries  under  section  1796  do  not  take  effect 
until  the  following  subdistrict  election,  it  is  therefore  the  manifest  intention  of 
the  law  as  indicated  in  the  reading  of  the  portion  of  section  1796  we  have  quoted, 
that  said  changes  should  be  ordered  at  the  regular  meeting  of  the  board  in 
September,  or  at  a  specially  called  meeting  held  long  enough  before  the  sub- 
district  election  to  allow  time  for  notices  to  be  given  for  the  election  of  subdirect- 
ors,  and  that  the  law  does  not  give  the  board  power  to  change  subdistrict  bound- 
aries between  March  and  September,  but  only  between  September  and  March.  If 
this  is  the  meaning  of  the  law  it  is  decisive  of  this  case,  and  we  shall  be  com- 
pelled to  dismiss  the  case  for  want  of  jurisdiction. 

A  careful  examination  of  the  question  leads  us  to  the  same  conclusions  uni- 
formly announced  by  our  predecessors.  We  are  able  in  no  other  way  to  explain 
the  wording  of  the  section.  It  seems  plain  that  the  law  intends  to  impose  the 
limitation  upon  the  board  so  clearly  indicated  by  the  phraseology  of  section  1796. 
Attention  is  invited  to  the  decisions  found  on  pages  25,  26  and  63,  School  Law 
Decisions  of  1876.  It  is  also  worthy  of  notice  that  this  principle  has  been  con- 
sidered to  be  so  fully  established  in  practice  and  so  well  understood,  that  cases 
referring  to  the  universally  admitted  fact  have  been  omitted  from  the  three  com- 
pilations of  decisions  made  since  1876.  This  case  is  the  first  appeal  for  many 
years  past  reviving  the  question. 

We  are  aware  that  the  case  in  70  Iowa,  338,  may  be  urged  as  affording  oppor- 
tunity for  a  different  view  than  the  one  taken  by  us. .  But  it  must  be  observed 
that  the  matter  at  issue  in  that  case  is  whether  the  board  has  power  to  exercise 
its  discretion  in  so  full  and  complete  a  manner  as  to  dispense  entirely  with  a  new 
subdistrict  recently  created  by  a  former  board,  and  thus  by  a  single  order  opposite 
in  intention  to  nullify  all  that  had  been  done  previously  in  regard  to  change  of 
boundaries.  It  was  urged  that  the  board  does  not  have  such  power  after  the  sub- 
district  has  acquired  a  legal  existence.  The  effect  of  the  decision  is  to  establish 
the  power  of  the  board  to  exercise  its  fullest  discretion  in  determining  the 


50  SCHOOL   LAW   DECISIONS. 

necessity  for  change  of  boundaries,  subject  to  the  remedy  of  appeal.  We  cannot 
interpret  the  decision  as  setting  aside  that  provision  of  1796  which  directs  that 
such  changes  in  boundaries  shall  be  made  at  the  regular  meeting  of  the  board  in 
September,  or  at  a  special  meeting  thereafter,  obviously  not  to  be  held  later  than 
the  first  Monday  in  March. 

It  is  apparent  then  that  the  action  of  the  board  complained  of  in  this  case  was 
not  in  accordance  with  law,  and  hence  was  null  and  void.  It  is  fortunate  that  the 
board  has  an  opportunity  within  a  few  weeks  to  take  such  action  as  may  then  seem 
to  it  for  the  best  interests  of  the  district  and  all  concerned. 

REVERSED  AND  DISMISSED. 
HENRY  SABIN, 

August  23,  1890.  Superintendent  of  Public  Instruction. 


E.  J.  HOSKINS  et  al.  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Shelby  County. 

DISCRETIONARY  ACTS.  The  appellate  tribunal  is  required  to  decide  only  whether 
the  action  complained  of  in  the  affidavit  of  appeal  is  proved  to  be  of  such  a  nature 
as  to  compel  a  reversal  of  such  action. 

APPEAL.  It  is  not  intended  that  the  superintendent  of  public  instruction  shall 
hear  an  appeal  case  de  novo.  He  is  confined  to  the  record  of  the  case  as  heard 
before  the  county  superintendent. 

APPEAL.  ^  It  is  not  the  purpose  of  an  appeal  to  secure  a  decision  as  to  which  of 
two  sites  is  preferable,  or  as  to  whether  a  better  site  might  not  have  been  found. 
If  the  site  chosen  is  proved  to  be  unsuitable,  or  an  abuse  of  discretionary  power  is 
clearly  shown,  then  the  order  of  the  board  may  be  set  aside,  but  not  otherwise. 
DISCRETIONARY  ACTS..  Since  the  board  has  original  jurisdiction,  its  discretion- 
ary acts  should  not  be  interfered  with  by  an  appellate  tribunal,  although  not 
agreeing  with  its  judgment,  unless  the  board  violated  law,  showed  prejudice  or 
malice,  or  abused  its  discretion  in  such  manner  as  to  require  interference 

On  May  19,  1890,  the  directors  passed  an  order  locating  the  schoolhouse  site  in 
subdistrict  number  seven,  in  the  northwest  corner  of  section  36.  From  this  order 
E.  J.  Hoskins  appealed  to  the  county  superintendent,  who  affirmed  the  action  of 
the  board.  Appeal  was  then  taken  to  the  superintendent  of  public  instruction. 

Exclusive  power  to  locate  schoolhouse  sites  is  vested  in  the  board.  Such  power 
is  nowhere  given  to  the  county  superintendent.  The  only  limitations  imposed 
upon  the  board  are  that  it  shall  observe  the  geographical  position  and  the  con- 
venience of  the  people.  If  any  one  is  aggrieved  by  the  action  of  the  board  he  may 
appeal  to  the  county  superintendent,  who  has  the  power  after  a  hearing  of  the 
case  to  reverse  its  action,  provided  he  is  satisfied  beyond  a  reasonable  doubt  that 
it  has  violated  law,  or  abused  its  discretion  in  some  way,  as  by  choosing  a  site  too 
far  from  the  geographical  center  or  one  not  convenient  to  the  people. 

It  is  not  claimed  in  the  present  case  that  the  board  violated  law  in  any  way. 
The  difference  between  the  two  sites  in  question  is  only  eighty  rods  and  there  is 
no  preponderance  of  evidence  to  show  that  one  is  much  more  suited  to  the  con- 
venience of  the  people  than  the  other.  It  is  not  the  intention  of  the  law  that  the 
oounty  superintendent  should  place  his  private  judgment  over  against  the  judg- 
ment of  the  board.  His  duty  is  to  determine  whether  the  grievance  complained 
of  in  the  affidavit  is  proved  to  be  of  such  a  nature  as  to  warrant  him  in  interfering 
with  the  action  of  the  board.  His  own  opinion  that  some  other  course  of  action 
would  have  been  better  should  not  be  allowed  to  bias  his  decision.  The  counse? 
for  appellants  urged  at  the  trial  before  the  superintendent  of  public  instruction 
that  they  could  not  get  a  trial  of  facts  before  the  county  superintendent;  they 
desired  him  to  ascertain  which  of  the  two  sites  is  more  preferable  as  a  site  for  a 
building,  and  to  base  his  decision  upon  that  alone.  The  affidavit  upon  which  the 
case  was  tried  before  the  county  superintendent  alleges  in  substance  that  the  site 
chosen  by  the  board  is  for  various  reasons  unsuitable  for  school  purposes.  The 


SCHOOL  LAW  DECISIONS.  51 

issue  was  joined  upon  this  fact,  and  the  county  superintendent  in  his  decision 
finds  that  while  the  site  contended  for  by  the  appellants  is  in  some  respects  the 
better  of  the  two,  the  one  selected  by  the  board  is  not  unsuitable  for  school  pur- 
poses and  constitutes  what  he  considers  a  fair  average  site.  Under  such  con- 
ditions he  very  properly  affirmed  the  action  of  the  board. 

The  counsel  for  appellant  places  great  stress  upon  the  decision  of  the  supreme 
court  in  the  case  of  Atkinson  et  ctl.  v.  Hutchinson  et  aL,  68  Iowa,  161,  to  prove  that 
the  superintendent  of  public  instruction  is  not  of  necessity  confined  to  the  exact 
record  made  before  the  county  superintendent,  but  that  his  decision  should  be 
based  upon  all  essential,  existing  facts.  It  is  supposed  that  such  facts  are  brought 
out  upon  trial  before  the  county  superintendent  and  appear  in  the  transcript  of 
evidence  sent  up  with  the  case.  If  between  the  time  of  trial  before  the  county 
superintendent  and  the  trial  before  the  superintendent  of  public  instruction  some 
essential  evidence  comes  to  light  which  could  not  from  its  nature  have  been 
known  at  the  time  of  the  trial  before  the  county  superintendent,  it  would  perhaps 
be  proper  for  the  superintendent  of  public  instruction  to  take  it  into  consider- 
ation before  rendering  his  decision.  In  the  case  cited,  at  that  time  before  the 
supreme  court,  it  was  contended  that  certain  unusual  changes  took  place  prior  to- 
the  hearing  before  the  superintendent  of  public  instruction,  which  affected  very 
materially  the  condition  of  affairs.  The  court  in  rendering  its  decision  took  it 
for  granted  that  these  changes  were  known  to  the  superintendent  of  public 
instruction  at  the  time  he  decided  the  case.  If  the  supreme  court  had  intended 
to  convey  the  idea  that  it  is  the  province  of  the  superintendent  of  public  instruc- 
tion to  hear  the  case  de  novo  in  the  usual  acceptation  of  that  term,  it  would  hardly 
have  said  that  the  legislature  designed  to  provide  an  inexpensive  and  summary 
way  of  disposing  of  these  questions  when  it  afforded  aggrieved  parties  the  right  of 
appeal.  Indeed  if  the  superintendent  of  public  instruction  had  the  power  to  dis- 
card the  trial  before  the  county  superintendent,  and  to  send  for  witnesses  and 
papers  from  remote  sections  of  the  state,  as  would  be  necessary  in  hearing  these 
cases  de  novo,  this  would  prove  the  most  expensive  and  tedious  way  of  disposing- 
of  these  questions  which  it  would  be  possible  to  devise. 

The  decision  of  the  county  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

October  9,  1890.  Superintendent  of  PulMc  Instruction. 


HEFFERN  AND  VAN  PATTER  v.  DISTRICT  TOWNSHIP  OF  TIPTON. 
Appeal  from  Hardin  County. 

SCHOOLHOUSE  TAXES.     The  board  may  not  refuse  to  expend  schoolhouse  funds 
for  the  purpose  for  which  they  were  voted. 

MANDAMUS.     To  compel  the  performance  of  an  official  duty  not  involving  the 
exercise  of  discretion,  a  writ  of  mandamus  is  a  speedy  remedy. 

The  affidavit  in  this  case  recites  in  effect  that  at  their  meeting  in  March,  1889, 
the  electors  of  subdistrict  number  one  voted  a  tax  of  two  hundred  dollars  on  them- 
selves to  purchase  a  site  near  the  center  of  the  subdistrict,  remove  the  school- 
house,  and  procure  a  highway  to  the  same.  At  its  meeting  March  17,  1890,  the 
board  voted  to  lay  on  the  table  a  petition  asking  for  immediate  action.  The 
superintendent  affirmed  the  action  of  the  board.  Heffern  and  Van  Patter  appeal. 

There  is  no  doubt  as  to  the  facts  in  this  case.  The  tax  of  two  hundred  dollars 
was  voted,  was  levied  by  the  supervisors,  and  part  of  it  has  been  collected  and  is 
now  in  the  hands  of  the  district  treasurer  In  such  a  case  there  is  no  provision 
of  law  by  which  the  board  may  be  excused  from  expending  the  money  for  the 
purposes  for  which  it  was  levied.  This  duty  is  not  discretionary  but  mandatory. 
The  board,  however,  is  entitled  to  a  reasonable  length  of  time,  and  may  use  its 
discretion  as  to  the  best  and  most  economical  way  of  expending  the  money 


52  SCHOOL  LAW   DECISIONS. 

provided  they  regard  strictly  the  purpose  for  which  it  was  raised.  It  does  not 
appear  that  the  board  in  laying  the  petition  upon  the  table  was  actuated  by  any 
desire  to  delay  action  unreasonably  or  to  defeat  the  wishes  of  the  electors.  The 
board  has  also  a  large  discretion  when  determining  the  location  of  a  highway. 

We  are  disposed  after  a  careful  consideration  of  this  case  to  remand  it  to  the 
county  superintendent,  to  be  by  her  remanded  to  the  board  with  instructions  that 
it  proceed  at  the  earliest  date  possible  to  carry  out  in  good  faith  the  wishes  of  the 
electors  of  subdistrict  number  one.  If  it  fails  to  do  this  the  most  speedy  remedy 
for  any  one  aggrieved  is  an  application  to  the  court  for  a  writ  compelling  the 
board  to  act.  AFFIRMED  AND  REMANDED. 

HENRY  SABIN, 

March  24,  1891.  Superintendent  of  Public  Instruction. 


ELISHA  AND  ELDA  TANNER  v.  INDEPENDENT  DISTRICT  OF  CLARENCE. 
Appeal  from  Cedar  County. 

AFFIDAVIT.     A  technical  error  in  the  affidavit  not  prejudicial  to  either  party 

will  not  defeat  the  appeal. 

AFFIDAVIT.     The  affidavit  may  be  amended  when  such  action  is  not  prejudicial 

to  the  rights  of  any  one  interested. 

SCHOOL  PRIVILEGES.     The  law  is  to  be  construed  in  the  interest  of  the  child. 

The  actual  residence  of  the  scholar  at  the  time  will  establish  the  right  to  attend 

school  free  of  tuition. 

The  board  excluded  Elda  Tanner  from  school  until  such  time  as  her  tuition  is 
paid,  on  the  ground  that  she  is  a  non-resident  pupil.  The  county  superintendent 
on  appeal  reversed  the  action  of  the  board  and  appeal  was  taken  to  the  superintend- 
ent of  public  instruction.  It  was  claimed  before  the  county  superintendent  that 
inasmuch  as  the  affidavit  upon  which  the  appeal  was  based  was  without  the  seal 
of  the  notary  public,  that  there  were  no  grounds  upon  which  the  appeal  could  be 
legally  based.  While  it  is  true  that  the  notarial  seal  is  necessary  to  constitute 
an  affidavit,  in  this  case  the  notary  public  was  present  at  the  time  of  trial  and 
under  oath  testified  that  the  omission  of  the  seal  was  only  an  oversight  on  his 
part,  and  that  the  persons  therein  designated  did  make  oath  to  the  paper  and  affix 
their  signatures  to  it  in  his  presence,  then  he  also  there  affixed  the  notarial  seal. 
It  is  held  that  since  no  interests  were  prejudiced  by  the  error  which  at  the  best 
was  only  technical,  that  the  county  superintendent  did  not  commit  an  error  in 
overruling  the  motion  to  dismiss  the  case. 

The  allegation  of  facts  made  by  Elda  Tanner  are  that  she  is  sixteen  years  of 
age,  that  her  father  and  mother  have  parted,  and  that  for  ten  years  or  more  she 
made  her  home -in  the  family  of  Mrs.  McCartney  in  Massilon  township.  Before 
she  came  to  Clarence  she  had  an  understanding  with  her  father  that  she  was  to 
care  for  herself  thereafter.  She  also  claims  that  being  thus  emancipated  from 
her  father's  control,  she  chose  to  become  a  resident  of  Clarence,  and  as  an  actual 
resident  of  that  school  district  is  entitled  to  the  privileges  of  school  under  the 
provisions  of  section  1794. 

It  is  of  interest  to  ascertain  how  far  such  an  agreement  constitutes  emancipa- 
tion of  a  minor  child.  It  is  held  in  1  Iowa,  356,  that  in  the  absence  of  statutory 
requirements  such  emancipation  need  not  be  evidenced  by  any  formal  or  record 
act,  but  may  be  proved  like  any  other  fact.  The  evidence  of  Elda  Tanner  in  this 
case  is  corroborated  by  that  of  her  father,  and  of  Mrs.  McCartney  who  was  pres- 
ent during  the  conversation.  We  are  disposed  to  hold  that  Elda  Tanner  under 
the  facts  as  sworn  to  before  the  county  superintendent  was  at  liberty  to  choose 
such  a  place  of  residence  as  seemed  to  her  most  fitting.  The  evident  and  benefi- 
cent intent  of  the  law  is  that  no  child  shall  be  deprived  of  school  privileges. 
The  father  of  a  family  may  move  into  the  district  from  an  adjoining  state,  and 


SCHOOL  LAW   DECISIONS.  53 

although  certain  time  must  elapse  before  he  is  entitled  to  vote  he  may  place  his 
children  in  school  the  very  day  he  arrives.  In  the  same  spirit  it  has  been  held 
that  children  living  in  families  in  which  their  work  compensates  for  their  board, 
are  actual  residents  and  are  entitled  to  school  privileges.  The  law  is  to  be  con- 
strued in  their  interests.  The  district  is  entitled  to  have  such  children  enumer- 
ated, if  they  are  thus  actual  residents  at  the  time  the  school  census  is  taken.  We 
do  not  undertake  to  decide  that  parents  or  guardians  can  transfer  children  from 
one  district  to  another  for  school  purposes  alone,  but  only  that  those  who  are 
actual  residents  under  the  provisions  of  the  law  may  attend  school  without  the 
payment  of  tuition.  While  it  is  true  in  general  that  the  residence  of  a  child  is 
the  same  as  that  of  the  parents  or  guardian,  the  law  evidently  contemplates 
exceptions  to  this  general  rule  and  leaves  the  right  to  attend  school  to  be  estab- 
lished by  the  actual  residence  of  the  child.  Any  other  construction  would  not  be 
in  accordance  with  the  spirit  of  the  law,  and  would  deprive  many  children  of  the 
right  to  attend  the  public  schools. 

In  this  case  the  question  of  residence  is  largely  one  of  intent.  The  testimony 
of  Elda  Tanner  is  to  the  effect  that  she  was  at  the  time  of  attendance  an  actual 
resident  of  Clarence,  and  had  no  other  residence.  It  was  competent  for  the  board 
to  disprove  this,  but  we  do  not  find  the  evidence  to  that  effect  conclusive 

It  is  held  that  the  board  erred  in  excluding  Elda  Tanner  from  school  and  the 
decision  of  the  county  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

April  24, 1891.  Superintendent  of  Public  Instruction. 


J,  C.  REED  et  al.  v.  DISTRICT  TOWNSHIP  OF  EAGLE. 
Appeal  from  Sioux  County. 

SUBDISTRICTS.     The  board  should  be  encouraged  in  forecasting  a  general  plan 
looking  toward  an  ultimate  regularity  in  the  form  of  subdistricts. 
SCHOOL-HOUSE,     There  is  no  limitation  in  law  as  to  the  number  of  scholars  to  be 
accommodated,  in  order  that  the  board  may  provide  a  schoolhouse. 
SUBDISTRICTS      Should  be,  if  possible,  compact  and  regular  in  form     In  well 
populated  district  townships,  two  miles  square  is  considered  a  desirable  area  for 
each  subdistrict. 

SUBDISTRICTS.  It  is  very  important  that  subdistricts  should  be  regular  in  form, 
and  that  where  it  is  possible,  schoolhouses  should  be  located  at  or  near  geograph- 
ical centers. 

BOUNDARIES  In  the  determination  of  district  and  subdistrict  boundaries, 
temporary  expenditures  and  individual  convenience  should  be  subordinated  to  the 
more  important  considerations  relating  to  simplicity  of  outline,  compactness  of 
shape,  uniformity  of  size,  and  permanence  of  sites  and  boundaries. 

The  above  named  district  township  coincides  with  a  congressional  township 
and  consists  of  a  single  subdistrict.  Portions  of  the  district  are  yet  sparsely 
settled.  The  board  seems  to  have  projected  a  plan  to  so  locate  schoolhouses 
when  they  must  be  supplied;  that  ultimately  the  townshit)  shall  have  nine  sub- 
districts  each  of  four  sections. 

On  the  16th  of  March  the  board  ordered  a  schooihouse  built  at  the  center  of 
the  square  of  four  sections  in  the  southeastern  corner  of  the  township.  From  this 
action  J.  C.  Reed  appealed  to  the  county  superintendent  who  affirmed  the  order 
of  the  board.  From  this  decision  Mr.  Reed  appeals. 

It  was  urged  before  the  county  superintendent  that  the  board  was'  prevented 
by  the  law  from  building  a  schoolhouse  for  the  accommodation  of  a  less  number 
than  fifteen  of  school  age.  The  question  now  to  be  determined  is  whether  the 
county  superintendent  erred  in  affirming  the  order  of  the  board. 

The  board  seemed  to  have  outlined  a  policy  of  regarding  each  four  sections  as 
a  separate  division,  to  be  provided  with  school  advantages  by  itself.  So  far  as 


54  SCHOOL  LAW   DECISIONS. 

forecasting-  the  probable  form  of  subdistricts  to  be  created  in  the  future,  we  think 
the  board  might  be  guided  in  the  location  of  schoolhouses  at  the  present  time  by 
such  policy,  in  order  that  ultimately  each  subdistrict  will  have  the  form  desired 
and  each  schoolhouse  will  be  located  so  as  best  to  accommodate  all  patrons. 

But  while  matters  are  in  this  progressive  condition,  we  think  the  law  does  not 
confer  power  upon  the  board  to  apply  the  limitations  of  section  1725,  and  decide 
that  until  fifteen  of  school  age  are  to  be  accommodated  by  the  schoolhouse  to  be 
built  no  house  may  be  erected.  In  this  case  for  instance  there  is  but  one  single 
subdistrict.  The  board  may  create  other  subdistricts  provided  fifteen  of  school 
age  are  included  within  the  boundaries  of  each  one  so  formed.  But  the  board  is 
not  prevented  from  building  more  than  one  schoolhouse  in  any  subdistrict.  See 
69  Iowa,  533.  In  the  absence  of  specific  instructions  in  connection  with  the  voting 
of  the  taxes  by  the  electors,  the  board  is  empowered  to  locate  sites  where  in  its 
judgment  a  schoolhouse  seems  to  be  most  demanded. 

We  are  unable  to  find  from  the  evidence  any  reason  to  disturb  the  finding  of 
the  county  superintendent  and  his  decision  is  therefore  AFFIRMED. 

HENRY  SABTN, 

July  3,  1891.  Superintendent  of  Public  Instruction. 


E,  A.  SHEAFE  v.  INDEPENDENT  DISTRICT  OF  CENTER. 
Appeal  from  Wapello  County. 

TEACHER.     As  an  employe  of  the  district  the  teacher  may  justly  claim  and  expect 
to  receive,  the  official  assistance  and  advice  of  the  board. 

TEACHER.     The  law  insures  the  teacher  a  fair  and  impartial  trial,  before  he  may 
be  discharged. 

The  history  of  this  case  presents  nothing  unusual.  The  board  voted  to  dis- 
charge the  teacher  upon  certain  preferred  charges.  The  teacher  appealed  to  the 
superintendent,  who  reversed  the  action  of  the  board.  The  board  appeals. 

Section  1757  sets  forth  plainly  the  nature  of  the  contract  which  is  the  evidence 
of  agreement  between  the  board  acting  for  the  district  as  one  party,  and  the 
teacher  as  the  other  party.  Section  1734  prescribes  the  only  method  by  which 
the  board  may  terminate  the  contract  in  advance  or  discharge  the  teacher. 
Both  parties  are  equally  bound  by  this  contract,  and  as  the  board  is  a  continuous 
body  the  election  of  an  entire  new  board  does  not  change  the  relations  of  the 
contracting  parties.  But  inasmuch  as  the  directors  also  act  as  judges  whose  duty 
it  is  to  decide  whether  the  contract  shall  be  terminated,  being  themselves  parties 
to  the  contract,  it  becomes  them  to  weigh  the  evidence  in  the  case  with  the 
greatest  care  and  to  give  the  teacher  the  benefit  of  any  reasonable  doubt.  In  the 
present  case  the  forms  of  the  law  were  complied  with,  and  the  teacher  was  per- 
mitted to  be  present  and  make  his  defense. 

The  transcript  sent  up  by  the  county  superintendent  shows  that  one  of  the 
complaints  upon  which  the  teacher  was  tried,  was  signed  by  Jacob  Ream,  who 
also  is  one  of  the  directors  and  acted  as  one  of  the  judges  in  the  case.  This  is 
strong  presumptive  evidence  of  prejudice  on  the  part  of  one  of  the  judges  at  least, 
and  this  evidence  is  strengthened  by  the  fact  that  Jacob  Ream  is  the  father  of 
John  Ream  whose  punishment  is  made  a  matter  of  complaint.  It  is  further 
strengthened  by  the  fact  brought  out  in  evidence,  that  the  present  board  was 
elected  for  the  purpose  and  with  the  intent  of  displacing  the  teacher.  The  law 
is  very  careful  to  guard  the  rights  of  the  teacher  and  to  insure  him  a  fair  trial. 
That  certainly  can  not  be  considered  a  fair  trial  in  the  eyes  of  the  law,  in  which 
one  of  the  judges  who  is  to  give  his  vote  for  acquittal  or  conviction  is  a  com- 
plainant in  the  case  and  is  as  ready  to  pronounce  the  verdict  before  he  hears  the 
testimony  as  afterward. 


SCHOOL  LAW   DECISIONS.  55 

The  board  invited  the  teacher  to  resign  at  its  first  meeting-,  and  upon  his 
Tefusal  it  proceeded  at  once  to  take  steps  to  discharge  him.  Under  certain  cir- 
cumstances this  might  be  right,  when  necessary  to  relieve  the  school  from  a 
teacher  proved  to  be  incompetent  or  immoral.  But  general  dissatisfaction  as 
alleged  in  the  petition  or  the  desire  to  hire  a  lady  teacher  for  the  summer  term, 
or  to  lessen  the  expenses  of  the  district,  can  not  be  held  to  form  any  reason  for 
discharging  the  teacher.  The  alleged  punishment  of  the  two  boys  is  not  proved 
in  either  case  to  have  been  unreasonably  severe,  to  have  been  inflicted  in  passion, 
or  to  have  resulted  in  any  permanent  injury.  These  punishments  happened  some 
weeks  before  and  any  complaint  should  have  been  made  to  the  old  board. 

It  does  not  appear  necessary  to  enter  any  further  into  the  merits  of  this  case. 
It  ic  held  that  no  error  was  committed  in  reversing  the  action  of  the  board  and 
the  decision  of  the  county  superintendent  is  therefore  AFFIRMED. 

HENRY  SABIN, 

October  20,  1891.  Superintendent  of  Public  Instruction. 


L.  GOFF  v.  INDEPENDENT  DISTRICT  OF  DALLAS. 
Appeal  from  Marion  County. 

BOARD  OF  DIRECTORS.     The  board  must  endeavor  to  determine  the  actual  inten- 
tion of  the  electors,  and  to  carry  out  their  expressed  wishes. 

REMANDING  OF  CASES.     Unless  the  transcript  indicates  clearly  the  manner  in 
which  the  board  understands  the  expression  of  the  electors,  an  appellate  tribunal 
on  the  trial  will  be  compelled  to  remand  the  case  for  a  more  definite  action. 
MANDAMUS.     The  surest  method  to  secure  the  performance  of  a  mandatory  duty 
is  application  to  a  court  for  a  writ  of  mandamus. 

At  a  meeting  held  August  12-13,  1891,  the  board  voted  in  effect  to  sell  the  site 
at  present  occupied  for  schoolhouse  purposes  in  or  adjoining  the  village  of  Dallas, 
and  to  build  two  school  buildings,  one  to  be  located  at  a  site  about  one  mile  east 
of  said  village  of  Dallas,  and  another  about  twenty  rods  west  of  southeast  corner  of 
section  two.  Appeal  was  taken  to  the  county  superintendent,  who  affirmed  the 
action  of  the  board  in  locating  the  site  in  the  west  part  of  the  district,  but 
reversed  its  action  in  regard  to  the  location  east  of  the  village  of  Dallas.  Appeal 
was  then  taken  to  the  superintendent  of  public  instruction. 

It  is  difficult  to  determine  from  the  transcript  sent  up  with  this  case,  what 
were  the  intentions  of  the  electors  regarding  the  matter  of  a  new  schoolhouse, 
as  expressed  at  the  district  meeting,  March  9,  1891.  The  secretary's  records 
show  that  the  motion  to  erect  a  schoolhouse  at  each  end  of  the  district  was  voted 
down,  as  was  also  a  motion  to  repair  the  old  schoolhouse  or  to  sell  that  and  build 
a  new  one  with  two  rooms. 

The  vote  to  raise  a  tax  for  the  purpose  of  building  a  schoolhouse  was  declared 
carried,  but  the  records  do  not  show  the  amount  to  be  raised  by  said  tax,  nor  is 
there  anything  to  show  what  amount  if  any  was  certified  up  to  the  board  of  super- 
visors. On  the  20th  of  April  the  board  voted  that  $1,500  was  necessary  for  the 
erection  of  two  schoolhouses,  and  on  the  2d  of  May  the  electors  voted  bonds  to 
that  amount  for  schoolhouse  purposes.  There  is  nothing  to  show  what  form  of 
ballots  was  used,  or  what  was  the  intention  of  the  electors  in  voting  the  bonds. 
When  the  intention  of  the  electors  in  voting  money  for  schoolhouse  purposes  is 
clearly  known,  it  is  the  duty  of  the  directors  to  proceed  in  accordance  therewith. 

We  therefore  deem  it  best  to  remand  the  case  to  the  county  superintendent, 
with  instructions  to  remand  it  to  the  board  in  order  that  it  may  ascertain  what 
was  the  intention  of  the  electors  and  that  it  attempt  in  good  faith  to  carry  it  out. 
If  it  fails  to  do  this,  the  surest  remedy  is  an  application  to  the  court  for  a  writ 
compelling  it  to  carry  out  the  intention  of  the  electors.  REMANDED. 

HENRY  SABIN, 

December  23,  1891.  Superintendent  of  Public  Instruction. 


56  SCHOOL   LAW   DECISIONS. 

C.  A.  WEBSTER  v.  INDEPENDENT  DISTRICT  NUMBER  SEVEN. 
Appeal  from  Winneshiek  County. 

DISCRETIONARY  ACTS.  To  warrant  interference  with  a  discretionary  act,  abuse 
of  discretion  must  be  proved  beyond  a  reasonable  doubt. 

DISCRETIONARY  ACTS.  It  is  not  the  province  of  an  appeal  to  discover  and  to 
correct  a  slight  mistake.  The  board  alone  must  bear  any  blame  that  may  attach 
to  a  choice  deemed  by  appellants  somewhat  undesirable,  but  not  an  unwise  selec- 
tion to  such  a  degree  as  to  indicate  an  abuse  of  the  discretion  ordinarily  exercised. 
DISCRETIONARY  ACTS.  In  the  absence  of  proof  that  the  board  has  abused  the 
authority  given  it  by  the  law,  its  orders  will  not  be  set  aside,  although  another 
decision  might  to  many  seem  preferable. 

JURISDICTION.  When  its  order  is  affirmed,  the  board  is  left  free  to  take  another 
action,  if  thought  best. 

On  the  3d  day  of  October,  1891,  the  board  relocated  the  schoolhouse  site  in 
independent  district  number  seven,  Burr  Oak  township.  Appeal  was  taken  to 
the  county  superintendent,  who  reversed  the  action  of  the  board  which  ordered 
the  house  removed  to  the  new  location.  From  this  decision  John  Knox  president 
of  the  board  appeals. 

The  proceedings  in  this  case  are  entirely  regular.  It  is  not  claimed  that  there 
was  any  direct  violation  of  law,  nor  that  prejudice  or  improper  motives  in  the 
least  influenced  the  action  of  the  board.  The  very  common  complaint  that  the 
discretion  vested  in  the  board  by  the  law  had  been  abused  was  virtually  the  only 
error  urged. 

The  only  question  for  us  to  determine  is  the  single  one  as  to  whether  the 
county  superintendent  was  warranted  in  setting  aside  the  order  of  the  board. 
Unless  the  evidence  clearly  sustains  his  conclusions  we  shall  be  compelled  to 
reverse  his  decision.  But  if  the  evidence  shows  plainly  a  gross  abuse  of  discre- 
tion on  the  part  of  the  board,  then  we  must  affirm. 

Where  an  abuse  of  the  large  discretion  vested  in  the  board  is  urged,  to  war- 
rant interference  by  an  appellate  tribunal  such  abuse  must  be  proved  conclu- 
sively. The  testimony  must  disclose  so  fully  the  nature  of  the  unwarranted 
action  as  to  leave  no  reasonable  doubt.  The  acts  of  a  board  must  be  presumed 
to  be  correct,  and  they  are  entitled  to  the  benefit  of  every  doubt.  Unless  it  is 
fully  apparent  that  the  discretionary  power  of  the  board  has  been  abused  to  such 
an  extent  as  to  render  interference  necessary,  it  is  the  duty  of  the  county  super- 
intendent to  allow  the  act  of  the  board  to  stand,  although  he  may  differ  from  the 
board  very  strongly  as  to  the  desirability  of  the  order  in  question.  In  this  con- 
nection, attention  is  called  to  appeal  decisions  found  on  pages  35,  82,  90,  100  and 
135,  School  Law  Decisions  of  1888. 

In  this  case  while  the  testimony  shows  that  the  removal  to  the  site  selected 
will  bring  the  schoolhouse  quite  a  distance  south  of  the  center  of  the  district,  it 
is  not  in  evidence  that  a  suitable  site  might  have  been  found  nearer  the  center. 
It  must  be  presumed  that  the  board  carefully  weighed  all  the. reasons  in  favor  of 
and  against  the  site  chosen,  and  also  that  it  endeavored  to  find  the  best  site.  The 
evidence  is  by  no  means  conclusive  that  it  did  not  select  the  best  site  obtainable. 
If  in  the  opinion  of  the  people  an  error  has  been  made,  it  rests  with  the  electors 
to  choose  a  board  favoring  another  location. 

It  is  with  reluctance  that  we  reverse  the  decision  of  the  county  superintendent. 
There  can  be  no  question  that  he  intended  to  seek  substantial  justice  for  the 
people  of  the  district.  This  decision  does  not  prevent  the  board,  if  thought 
desirable  to  do  so,  from  reconsidering  the  action  by  which  the  ne\v  site  was 
chosen  and  selecting  a  different  site.  But  we  can  not  find  that  the  evidence 
supports  the  county  superintendent  in  overruling  the  order  made  by  the  board 
and  his  decision  is  therefore  REVERSED. 

J.  B.  KNOEPFLER, 

February  26,  1892.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  57 

R.  G.  W.  FORSYTHE  v.  INDEPENDENT  DISTRICT  OF  KIRKVILLE. 
.     Appeal  from  Wapello  County. 

APPEAL.  Where  changes  are  effected  in  district  boundaries  by  the  concurrent 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board  concurring 
or  refusing  to  concur,  but  not  from  the  order  of  the  board  taking  action  first. 
TERRITORY.  All  territory  must  be  contiguous  to  the  district  to  which  it  belongs. 
JURISDICTION.  In  change  of  boundaries  by  two  boards,  an  appellate  tribunal 
acquires  only  the  same  power  possessed  by  the  board  from  whose  action  appeal  is 
taken,  and  may  do  no  more  than  to  affirm  the  order,  or  to  reverse  and  do  what 
the  board  refused  to  do. 

PETITION.  A  petition  may  be  used  to  bring  to  the  attention  of  the  board  the 
kind  of  action  desired  by  the  petitioners,  but  a  board  may  act  with  equal  direct- 
ness without  such  request. 

The  board  of  the  above  named  district  refused  to  concur  in  the  action  of  the 
board  of  the  district  township  of  Richland,  offering  to  transfer  certain  territory 
to  the  independent  district.  Mr.  Forsythe,  desiring  the  transfer,  appealed  to  the 
county  superintendent,  who  reversed  the  action  of  the  board  and  ordered  the 
transfer  of  the  territory  under  consideration  by  the  two  boards,  with  the  excep- 
tion of  the  northwest  quarter  of  the  southwest  quarter  of  section  eighteen,  which 
the  county  superintendent  directed  should  remain  a  part  of  the  district  township 
of  Richland,  and  also  ordered  the  transfer  of  the  northwest  quarter  of  the  north- 
west quarter  of  section  eighteen,  which  would  otherwise  be  cut  off  from  the 
district  township  to  which  it  belongs.  From  this  decision  L.  Jones,  president  of 
the  board  of  the  independent  district  of  Kirkville,  appeals. 

This  case  turns  on  the  power  of  the  county  superintendent  to  modify  the 
order  appealed  from  in  the  manner  done  by  him.  It  is  true  that  even  if  the 
board  of  the  independent  district  of  Kirkville  had  concurred  in  the  transfer  of 
the  territory  released  by  the  other  board,  such  order  would  not  have  been  in 
conformity  with  the  spirit  of  the  law,  because  forty  acres  would  then  be  left 
belonging  to  the  district  township  of  Richland  and  not  contiguous  to  the  remain- 
der of  the  district.  The  county  superintendent  was  led  to  conclude  that  the 
forty  acres  in  question  should  be  transferred,  if  any  change  of  boundaries  was 
made.  But  could  the  county  superintendent  so  determine  in  this  appeal?  We 
think  not.  The  board  of  the  independent  district  might  concur  or  refuse  to  con- 
cur. They  might  refuse  to  concur,  and  initiate  a  new  proposition  which  the 
board  of  the  district  township  could  act  upon,  when  appeal  would  then  lie  from 
the  last  action.  But  an  attempt  to  change  the  order  originally  made  would 
render  it  necessary  to  have  such  new  action  considered  by  the  other  board,  before 
becoming  effective,  or  even  in  order  that  the  action  could  be  brought  within  the 
power  of  the  county  superintendent  to  consider  on  appeal.  For  in  a  case  of  this 
kind  no  matter  can  come  into  the  case  on  appeal,  unless  the  second  board,  the 
one  last  acting,  concurs  or  refuses  to  concur  in  the  order  initiated  or  proposed  by 
the  board  first  taking  action. 

It  follows  then  that  the  county  superintendent  having  only  appellate  jurisdic- 
tion, could  not  assume  original  jurisdiction  and  do  what  the  board  from  whose  action 
the  appeal  was  taken  could  not  have  done.  Therefore  we  are  compelled  to  hold  that 
the  county  superintendent  did  not  have  the  power  to  decide  that  the  northwest 
quarter  of  the  northwest  quarter  of  section  eighteen  should  be  transferred. 

A  careful  investigation  of  the  transcript  leads  us  to  believe  that  perhaps  such 
a  change  of  the  boundaries  as  would  transfer  the  residence  of  Mr.  Forsythe  to 
the  independent  district,  might  be  desirable.  Of  course  such  transfer  would 
include  entire  forties  of  land,  and  no  territory  could  be  separated  from  the  dis- 
trict to  which  it  should  belong.  Whether  any  change  is  best,  must  be  determined 
by  the  boards  interested,  the  action  of  the  board  last  acting  being  subject  to  cor- 
rection on  appeal.  In  order  that  the  matter  may  come  again  without  prejudice 


58  SCHOOL  LAW  DECISIONS. 

to  the  attention  of  the  boards,  the  decision  of  the  county  superintendent  is 
reversed  and  the  case  remanded  to  him  to  be  reopened  and  heard  again.  We 
think  he  will  be  compelled  by  necessity  to  affirm  the  decision  of  the  board  of  the 
independent  district  of  Kirkville,  in  refusing  to  concur  in  the  transfer  proposed 
by  the  district  township.  This  will  leave  all  matters  as  nearly  as  possible  in  the 
same  condition  they  were  before  any  action  was  taken.  It  will  then  be  in  order 
for  either  board  at  any  time  to  initiate  such  a  change  of  boundaries  as  may  seem 
demanded.  There  is  no  absolute  necessity  for  a  petition  or  request.  A  petition 
may  be  used  to  bring  to  the  attention  of  the  board  the  kind  of  action  desired  by 
the  petitioners,  but  a  board  may  act  with  equal  directness  without  such  request. 

REVERSED  AND  REMANDED. 

J.  B.  KNOEPFLER, 
April  6,  1892.  Superintendent  of  Public  Instruction. 


C.  F.  SCHEPPELE  v.  INDEPENDENT  DISTRICT  OF  STONE  HILL. 
Appeal  from  Dubuqtie  County. 

REHEARING.  In  refusing  a  rehearing,  or  in  granting  the  same,  unless  the  dis- 
cretion of  the  county  superintendent  was  unjustly  exercised,  his  decision  must  be 
affirmed,  on  appeal. 

NEW  TRIAL.  To  warrant  another  trial,  material  reasons  must  appear,  to  prove 
that  a  second  hearing  is  desirable. 

PROCEEDINGS.     In  the  absence  of  proof  to  the  contrary,  the  legal  presumption  is 
that  the  proceedings  before  the  county  superintendent  were  entirely  regular. 
REHEARING.     The  presumption  that  the  trial  was  regular  and  the  proceedings 
full  and  complete,  must  be  overcome  by  the  reasons  urged  for  the  rehearing. 
REHEARING.     A  new  trial  should  be  refused  unless  cogent  reasons  are  produced, 
causing  doubts  to  arise  as  to  whether  the  merits  of  the  case  were  fully  and 
fairly  set  forth  at  the  former  hearing.     The  reasons  urged  must  present  a  strong 
probability  that  a  modification  of  the  decision  might  be  found  desirable. 

The  county  superintendent  refused  to  grant  a  rehearing  in  this  case.  The 
affidavit  of  appeal  from  his  decision  of  refusal  alleges  a  large  number  of  errors 
urged  as  having  been  made  in  thus  refusing  to  allow  a  new  trial.  It  is  obvious 
that  we  are  to  determine  only  a  single  question.  In  refusing  a  rehearing,  did  the 
county  superintendent  err  to  such  an  extent  as  to  warrant  a  reversal? 

The  motion  for  a  second  trial  must  be  addressed  to  the  judgment  and  discre- 
tion of  the  officer  to  whom  the  motion  is  presented.  In  granting  or  refusing  to 
grant  such  a  request,  the  county  superintendent  has  original  jurisdiction  and  his 
conclusions  must  receive  from  us  the  same  consideration  on  appeal  which  he  him- 
self is  bound  to  give  to  the  discretionary  acts  of  the  board.  If  error  conclusively 
appears,  a  discretionary  act  may  be  set  aside.  But  every  reasonable  doubt  inures 
to  the  benefit  of  the  party  whose  acts  are  questioned. 

In  order  that  we  may  be  warranted  in  reversing  the  decision  of  the  county 
superintendent  and  remanding  this  case  to  him  for  a  retrial,  we  must  first  be  well 
satisfied  that  his  discretion  in  refusing  the  rehearing  was  unjustly  exercised.  If 
he  failed  properly  to  appreciate  the  reasons  urged,  not  giving  full  consideration 
to  all  existing  facts  within  his  knowledge,  and  without  due  examination  arbitrarily 
refused  the  rehearing,  then  the  consideration  merited  by  his  discretionary  act  is 
correspondingly  diminished. 

Having  very  carefully  reviewed  the  testimony  with  reference  to  the  several 
points  of  error  urged,  and  closely  examined  the  many  authorities  and  references 
cited  by  counsel  in  the  case,  and  other  additional  authorities,  we  are  unable  to 
find  that  the  county  superintendent  erred  in  refusing  the  motion  for  a  rehearing. 
Tlie  real  merits  of  the  case  seem  to  have  been  very  clearly  within  full  review  at 
the  trial  of  the  appeal.  Some  trivial  matters  may  have  been  omitted,  but  in  the 
main,  the  leading  issues  were  clearly  outlined.  After  due  deliberation,  the  order 
of  the  board  was  affirmed,  and  decisive  reasons  given  for  such  conclusion. 


SCHOOL  LAW  DECISIONS.  59 

Unless  the  county  superintendent  could  bring  himself  to  believe  that  another 
trial  was  best,  he  could  not  in  justice  to  all  concerned  grant  the  motion  in  ques- 
tion. We  do  not  find  that  the  leading  reasons  urged  were  well  supported. 
Although  these  leading  reasons  may  not  have  been  referred  to  frequently  at  the 
time  of  hearing,  they  were  within  the  full  knowledge  of  all  the  parties  to  the 
trial.  We  must  presume  that  the  fact  of  the  nearness  of  the  dairy  and  the  bone- 
yard,  and  the  claim  that  the  action  of  the  board  was  influenced  by  private  inter- 
ests, were  not  disregarded  by  the  county  superintendent  in  making  up  his  mind 
as  to  his  final  decision. 

It  must  be  assumed  that  the  board  would  not  select  a  site  clearly  unfit  for  use. 
A  location  upon  swampy  ground  would  be  manifestly  an  unsuitable  site.  And  the 
choice  of  a  site  so  near  any  manufactory  as  to  interfere  unduly  with  the  use  of  the 
schoolhouse  for  school  purposes  would  be  a  palpable  abuse  of  discretion.  If  any 
of  these  conditions  actually  exist  in  this  case,  as  now  urged  in  asking  us  to  order 
a  new  trial,  the  aggrieved  parties  had  ample  opportunities  to  bring  convincing 
proof  of  such  facts  into  their  case  at  the  time  of  its  trial,  and  if  they  could  have 
found  such  testimony  and  failed  to  do  so,  they  were  derelict  to  their  own  interests. 
But  the  evidence  fails  to  disclose  unsuitableness  in  any  of  these  particulars,  or  to 
indicate  that  the  county  superintendent  failed  in  any  manner  to  give  serious  and 
respectful  consideration  to  every  reason  for  a  new  trial  that  was  presented  to  his 
notice.  His  action  in  refusing  a  rehearing  is  AFFIRMED. 

J.  B.  KNOEPFLER, 

May  23,  1892.  Superintendent  of  Public  Instruction. 


JY  A.  CLAXTON  v.  INDEPENDENT  DISTRICT  OF  HOLMES. 
Appeal  from  Fayette  County. 

SCHOOLHOUSE  SITE.     The  necessities  of  the  present  must  be  observed  in  locat- 
ing schoolhouse  sites,  in  preference  to  the  probabilities  of  the  future. 
SCHOOLHOUSE  SITE.     The  prospective  wants  of  the  district  may  properly  have 
weight  in  determining  the  selection  of  a  site,  when  such  selection  becomes  neces- 
sary, but  not  in  securing  the  removal  of  a  schoolhouse  now  conveniently  located. 

On  the  21st  of  March  last,  the  board,  by  two  affirmative  votes  to  one  negative, 
relocated  the  schoolhouse  site  at  a  point  eighty  rods  west  of  the  present  site. 
Prom  this  action  J,  A.  Claxton  appealed.  The  county  superintendent  reversed. 
D.  S.  Thompson  now  appeals  to  this  department. 

The  proceedings  in  this  case  appear  to  be  entirely  regular.  There  was  no 
violation  of  law.  Appellant  does  not  allege  malice  or  prejudice.  Therefore 
abuse  of  discretion  was  the  only  point  to  be  considered  by  the  county  superin- 
tendent. He  decided,  after  a  full  hearing  of  the  case,  that  there  had  been  abuse 
of  discretion  sufficient  to  warrant  him  in  reversing  the  board's  order.  It  is  for 
us  to  review  the  testimony  on  which  he  made  this  decision,  and  the  argument 
offered  in  the  appeal  before  this  tribunal. 

In  cases  such  as  the  present,  the  question  for  an  appellate  tribunal  to  deter- 
mine is  not  which  of  two  sites  is  the  better,  but  whether  the  site  selected  is 
under  existing  and  prospective  conditions  of  the  district,  at  all  fit  and  suitable 
for  a  schoolhouse  site,  as  well  as  fair  to  the  patrons.  And  to  determine  this, 
various  factors  must  be  taken  into  consideration.  There  should  be  unusually 
strong  reasons  for  abandoning  a  site  provided  with  a  good  well,  especially  if  the 
new  site  is  on  lower  ground  as  in  the  present  case,  where  good  water  may  not  be 
procurable.  Trivial  differences  in  distance  should  not  usually  be  allowed  to  lose 
to  a  district  the  value  of  shade  trees  already  well  advanced.  Wells  and  trees 
cannot  be  moved,  and  with  the  latter,  it  not  only  makes  expense,  but  requires 
years  to  replace  them.  However,  in  all  this,  and  in  the  doubt  that  is  raised 
whether  the  new  site  is  a  fit  one  at  all  on  account  of  being  low  and  wet,  we  are 
disposed  to  give  the  board  the  benefit  of  the  doubt. 


60  SCHOOL   LAW   DECISIONS 

Counsel  for  appellant  states  that  the  little  village  of  Donnan,  in  the  north- 
western part  of  the  district,  is  certain  to  grow  considerably  in  the  near  future 
because  of  being  at  the  junction  of  two  railroads,  and  that  therefore  it  should 
have  better  school  facilities  than  are  afforded  by  the  old  site.  Taking  the  pre- 
mises in  this  reasoning  as  correct  the  conclusion  is  sound,  only  that  it  does  not 
go  far  enough  Donnan  village  would  demand  better  school  facilities  than  even 
the  new  site  would  afford.  It  would  ask  to  be  set  off  in  an  independent  district 
and  have  its  own  local  school,  taking  with  it  more  or  less  of  territory  off  the  west 
side  of  the  Holmes  district.  This  would  leave  the  schoolhouse  on  the  new  site 
considerably  too  far  west  of  the  geographical  center  and  center  of  population  of 
the  district  as  it  would  then  be  left,  especially  so  since  many  of  the  residents  in 
the  eastern  half  live  in  the  extreme  eastern  limits  of  the  district. 

Therefore,  taking  all  these  things  into  consideration,  while  fully  realizing 
how  reluctant  this  department  has  always  been  to  interfere  with  the  discre- 
tionary acts  of  a  board,  we  think  it  will  be  better  for  the  schoolhouse  to  remain 
on  the  old  site  for  the  present  When  a  north  and  south  highway  shall  have 
been  actually  constructed  and  its  location  thus  made  certain,  and  when  the  neces- 
sities of  the  northwestern  portion  of  the  district  shall  be  more  definitely  under- 
stood, it  will  be  easier  to  determine  the  needs  of  the  district,  and  choose  a  site 
that  shall  be  permanent,  if  removed  from  the  present  site.  The  board  may  then, 
if  it  sees  fit,  take  action  again  on  the  question  of  relocation.  The  decision  of  the 
county  superintendent  is  hereby  AFFIRMED. 

J.  B.  KNOEPFLER, 

November  23,  1892.  Superintendent  of  Public  Instruction. 


OLE  THOMPSON  et  al  v.  DISTRICT  TOWNSHIP  OF  BELMOND. 
Appeal  from  Wright  County. 

TESTIMONY.  Opinions  unsupported  by  facts  do  not  become  satisfactory  evidence. 
DISCRETIONARY  ACTS.  The  order  complained  of  is  reviewed  not  to  discover  the 
desirability  of  the  action,  but  to  determine  whether  sound  reason  and  wise  dis- 
cretion were  followed. 

DISCRETIONARY  ACTS     The  fact  that  some  other  action  would  have  been  desir- 
able or  preferable  does  not  establish  that  the  board  abused  its  discretion. 
BOARD  OF  DIRECTORS.     Its  action  is  presumed  to  be  correct  and  for  the  interest 
of  the  district,  until  proved  to  be  otherwise 

DISCRETIONARY  ACTS.  In  the  determination  of  appeals,  the  weight  which  prop- 
erly attaches  to  the  discretionary  actions  of  a  tribunal  vested  with  original  juris- 
diction should  not  be  overlooked. 

This  case  comes  before  the  superintendent  of  public  instruction  on  appeal  taken 
by  John  L.  McAlpine  from  the  decision  of  the  county  superintendent  reversing 
the  action  of  the  board  in  refusing  to  create  certain  additional  subdistricts  as 
prayed  for  in  a  petition. 

The  point  at  issue  is  a  simple  one,  being  merely  a  question  of  discretion  on  the 
part  of  the  board  as  to  whether  it  was  best  to  take  or  not  to  take  a  certain  action. 
The  decision  of  the  county  superintendent  compels  the  board  to  do  what  it  did  not 
deem  wise  or  necessary.  Doubtless  there  are  instances  when  such  a  ruling  on  the 
part  of  an  appellate  tribunal  is  needed.  But  does  the  evidence  warrant  such  a- 
decision  in  the  present  case?  The  affidavit  bringing  the  case  before  the  county 
superintendent  does  not  allege  violation  of  law,  or  prejudice.  Neither  does  such 
appear  in  the  testimony,  The  law  gives  boards  very  wide  latitude  in  the  exercise 
of  their  discretionary  powers.  Not  infrequently  cases  arise  in  which  an  appellate 
tribunal  would  sustain  their  discretionary  action  whether  they  granted  or  refused 
to  grant  a  given  petition,  there  being  no  manifest  abuse  of  such  discretion  in  either 
action  In  any  event,  the  action  of  a  board  is  presumed  to  be  correct  and  for  the 
interest  of  the  district  until  proved  to  be  otherwise.  Mere  opinions  of  witnesses 


SCHOOL  LAW   DECISIONS.  61 

that  a  different  action  would  have  been  preferable  cannot  be  accepted  as  evidence. 
Statements  of  facts  and  existing  conditions  must  be  given.  Even  then  the  fact 
that  some  other  action  would  have  been  desirable  or  preferable  does  not  establish 
that  the  board  abused  its  discretion.  It  must  be  shown  that  the  action  complained 
of  is  an  injury  to  the  district  or  does  gross  and  needless  injustice  to  the  patrons 
thereof.  The  decisions  in  this  line  by  our  predecessors  are  numerous  and  pointed, 
and  we  fully  concur  in  the  position  taken. 

In  the  present  case  the  evidence  does  not  show  that  any  one  is  made  to  suffer 
injustice  by  the  board's  action.  Ample  provision  has  been  made  to  accommodate 
all  of  the  pupils  of  the  territory  in  question  with  school  privileges.  It  is  not  in 
evidence  that  the  formation  of  three  subdistricts  out  of  the  one  would  improve 
these  facilities,  since  the  subdistrict  now  has  three  schoolhouses  located  for  the 
convenience  of  the  respective  portions  of  said  subdistrict. 

For  the  county  superintendent,  or  the  state  superintendent,  to  render  a  decision 
invariably  as  he  would  have  voted  had  he  been  a  member  of  the  board,  is  not  what 
the  law  intends  when  clothing  these  officers  with  authority  to  try  and  decide 
appeals.  Malice,  prejudice,  violation  of  law,  is  the  board  guilty  of  any  of  these? 
Or  has  it  gone  beyond  sound  reason  and  wise  discretion  in  taking  or  refusing  to 
take  a  given  action?  These  are  the  questions  for  both  tribunals  to  inquire  into. 

While  we  believe  the  county  superintendent  endeavored  conscientiously  to  hear 
and  decide  the  present  case  fairly,  yet  in  the  light  of  the  foregoing  reasoning  we 
do  not  find  that  the  evidence  discloses  grounds  sufficient  for  refusing  to  affirm  the 
board,  and  the  decision  of  the  superintendent  is  therefore  REVERSED. 

J.  B.  KNOEPFLER, 

March  11,  1893.  Superintendent  of  Public  Instruction. 


J.  O.  SEVEREID  AND  JOHN  STENBERG  v.  IND.  DISTRICT  OF  FIELDBERG. 
Appeal  from  Story  County. 

SCHOOL  PRIVILEGES.     Are  not  guaranteed  children  elsewhere  than  in  the  dis- 
trict of  their  residence. 

SCHOOL  PRIVILEGES.     To  the  fullest  extent  possible,  the  board  should  equalize 
the  distance  to  be  traveled  to  schooL 

SCHOOL  PRIVILEGES.     Attendance  in  another  district  depends  upon  the  board 
of  that  district,  and  must  therefore  be  regarded  as  a  contingency. 

The  transcript  in  this  case  shows  that  on  March  20,  1893,  the  board  in  answer 
to  a  petition  relocated  the  school  site  and  made  an  order  to  move  the  schoolhouse 
on  the  site  selected,  the  latter  being  more  than  three-fourths  of  a  mile  north  of 
the  present  site.  John  O.  Severeid  and  John  Stenberg  appealed  to  the  county 
superintendent  who  affirmed  the  order  of  the  board.  The  same  parties  now 
appeal  to  the  superintendent  of  public  instruction.  The  essence  of  affidavit  filed 
by  appellants  is  abuse  of  discretion  by  the  board  because  several  families  will  be 
compelled  to  go  two  miles  or  more  to  reach  the  schoolhouse  on  the  new  site. 

The  district  consists  of  four  sections  in  the  southwest  corner  of  Palestine 
township.  The  schoolhouse  as  now  located  is  in  the  geographical  center  of  the 
district  and  within  a  distance  of  one  and  three-fourths  miles  from  the  most 
remote  patrons.  In  the  northern  part  of  the  district,  in  fact  on  the  extreme 
northern  boundary,  lies  the  village  of  Huxley.  It  is  in  the  edge  of  this  village, 
and  therefore  almost  in  the  limits  of  the  district  that  the  new  site  has  been 
selected.  Two  of  the  directors  residing  in  said  village  and  being  the  two  who 
voted  for  the  new  location.  The  district  has  a  school  enumeration  of  sixty-eight, 
of  whom  about  forty  live  in  Huxley  These  pupils  have  been  going  to  the  center 
of  the  district,  where  the  schoolhouse  now  is,  a  fraction  over  one  and  one-fourth 
miles.  For  the  better  accommodation  of  these  pupils  the  removal  was  ordered. 
While  some  attempt  is  made  to  show  that  the  site  chosen  is  unfit,  that  the 


62  SCHOOL  LAW  DECISIONS 

cost  of  moving  will  be  excessive,  and  that  there  was  undue  prejudice,  we  do  not 
find  that  any  of  these  charges  are  sustained  We  may  therefore  consider  merely 
the  element  of  distance  to  the  new  site.  It  is  in  evidence  that  some  of  the  school 
patrons  will  have  two  and  one-fourth  miles  to  reach  the  new  site,  while  there  are 
five  families  with  nine  children  whose  distance  will  be  over  two  miles,  also  that 
about  twenty-nine  children  at  present  will  be  unfavorably  affected  and  about 
thirty-seven  favorably.  While  the  new  site  will  accommodate  a  majority  of  the 
pupils,  still  it  is  considerably  north  of  the  center  of  population.  The  board  and 
the  petitioners  seemed  to  realize  clearly  that  the  contemplated  site  would  leave 
several  families  at  a  great  disadvantage  as  to  school  privileges,  since  they  state 
that  these  families  can  be  accommodated  in  other  districts.  They  realized  that 
an  injustice  would  be  done  if  these  families  should  be  compelled  to  travel  to  the 
new  site  for  school  conveniences.  But  there  is  -nothing  offered  in  evidence  to 
show  how  said  patrons  can  be  accommodated  elsewhere.  It  is  not  shown  that 
they  will  be  as  near  even  another  school  as  to  their  own,  provided  they  might 
attend  such  a  school.  For  aught  that  appears  in  the  evidence,  they  may  be 
three  or  more  miles  from  any  other  school.  Even  if  there  be  one  nearer,  there  is 
no  positive  evidence  that  the  board  has  made  arrangements  for  the  schooling  of 
said  pupils  in  another  school,  or  even  that  it  can  make  such  arrangements.  Wit- 
nesses say  that  they  think  said  pupils  could  attend  in  some  other  district,  but 
this  belief  merely  cannot,  be  received  as  satisfactory  evidence  on  this  point. 
What  are  the  probabilities  that  such  provisions  can  be  made  for  the  children  of 
the  five  families  under  consideration?  The  territory  on  which  these  families 
reside  cannot  be  set  off  to  another  district  for  the  reason  that  territory  cannot  be 
detached  to  districts  in  a  different  township  as  would  be  necessary  in  this  case. 
Neither  is  it  legal  to  reduce  independent  districts  to  less  than  four  sections 
except  in  special  cases.  See  chapter  133,  laws  of  1878,  as  amended  by  chapter 
131,  laws  of  1880,  page  84,  S.  L.  1892. 

The  board  is  not  sure  of  securing  school  privileges  for  said  pupils  elsewhere 
without  such  transfer  of  territory,  because  it  will  require  the  concurrence  of 
another  board  which  may  absolutely  refuse.  In  any  event  the  board  of  Fieldberg 
independent  district  is  not  able  to  guarantee  school  privileges  to  these  families 
elsewhere  than  in  their  own  district,  since  the  matter  does  not  rest  wholly  in  its 
own  power.  While  the  law  does  not  as  many  suppose,  prescribe  a  maximum  dis- 
tance for  school  travel,  yet  by  permitting  provisions  to  be  made  under  given  con- 
ditions for  children  to  attend  other  schools  than  their  own  when  they  live  more 
than  one  and  one-half  miles  from  the  latter,  it  is  evident  that  the  legislature 
regarded  this  distance  about  as  far  as  a  child  should  travel  to  reach  school. 

It  is  the  duty  of  the  board  to  furnish  reasonable  facilities  in  its  own  district 
for  all  the  children  thereof  Even  a  minority  of  only  five  families  has  rights  and 
claims  which  may  not  be  ignored.  To  give  a  majority  of  the  district  located  in  a 
village  convenient  school  privileges  by  practically  cutting  off  others  entirely 
from  any  privileges  of  education,  we  believe  after  long  and  careful  study  to  be  an 
abuse  of  discretion  sufficient  to  warrant  reversing  a  board  taking  such  action. 
The  distance  these  families  will  be  compelled  to  travel  to  school  will  be  such  as 
largely  to  deprive  them  of  their  just  rights  in  the  matter  of  enjoying  school 
accommodations. 

We  are  aware  that  this  department  has  ever  stood  for  sustaining  the  discre- 
tionary acts  of  a  board.  In  this  case,  however,  we  believe  that  abuse  of  discretion 
has  been  fairly  proven  by  the  appellants.  Doubtless  the  board  had  not  fully  con  • 
sidered  the  fact  that  rights  of  appellants  could  not  be  so  ignored  in  the  effort  to 
improve  the  school  conveniences  of  other  parts  of  the  district,  or  did  not  consider 
that  providing  school  privileges  for  appellants  in  some  other  district  is  hedged 
about  with  such  complications  and  uncertainties.  The  case  is  different  from 
what  it  would  be  had  theirs  been  a  district  township  instead  of  an  independent 


SCHOOL  LAW   DECISIONS.  63 

district.  In  the  former  case  the  matter  would  be  much  more  in  its  own  hands 
It  could  rearrange  boundaries  to  accommodate  those  at  too  great  a  distance  from 
the  new  site,  a  matter  which  the  board  in  the  present  case  cannot  do.  If  it  was 
satisfactorily  established  that  said  families  had  been  or  could  and  would  be  per- 
manently provided  with  better  school  facilities  elsewhere  such  accommodations 
being  annually  dependent  upon  conditions  in  the  district  in  which  they  might 
desire  to  attend,  especially  in  the  disposition  of  each  new  board,  it  would  have 
been  a  comparatively  clear  case  for  affirming  the  action  of  both  board  and  county 
superintendent.  Because  the  distance  of  five  families  is  to  our  mind  needlessly 
increased  and  their  school  privileges  nearly  cut  off  and  because  there  is  no  proof 
that  another  school  is  nearer  with  provision  that  they  could  attend  such  school, 
if  there  is  one,  and  it  seeming  quite  doubtful  whether  such  provisions  can  be 
made  at  all,  we  feel  that  the  interests  of  said  families  should  be  protected,  We 
have  no  reason  to  question  the  intentions  of  any  parties  connected  herewith.  We 
simply  state  that  in  our  opinion  the  board  did  not  consider  the  difficulties  in  the 
matter  of  providing  school  facilities  for  the  five  most  distant  families. 

The  decision  of  the  superintendent  is  REVERSED. 

J.  B.  KNOEPPLER, 
August  14,  1893.  Superintendent  of  Public  Instruction. 


BRADFORD  INGRAHAM  v.  DISTRICT  TOWNSHIP  OF  HARTFORD. 
Appeal  from  Iowa  County. 

SCHOOLHOUSE  SITE.     It  is  not  the  province  of  an  appeal  to  determine  which  of 
two  sites  is  the  better. 

TESTIMONY.     If  selfish  or  other  improper  motives  are  complained  of,  the  testi- 
mony must  show  such  facts  conclusively. 

The  history  of  this  case  is  brief.  March  20,  1893,  the  new  township  board  hav- . 
ing  then  just  organized,  on  motion  appointed  a  committee  of  three  to  relocate  the 
site  of  schoolhouse  in  subdistrict  number  eight,  said  site  to  be  near  the  geo- 
graphical center  of  said  subdistrict.  On  the  20th  of  May,  at  a  special  called 
meeting,  it  was  moved  to  reconsider  the  motion  to  relocate  the  schoolhouse  in 
subdistrict  number  eight,  which  motion  was  carried.  By  another  motion  the 
committee  appointed  at  the  former  meeting  was  discharged.  It  is  from  this 
action  of  the  board  on  May  20  that  Bradford  Ingraham  appealed  to  the  county 
superintendent,  and  from  the  latter's  decision  affirming  the  action  of  the  board,  to 
the  superintendent  of  public  instruction. 

In  his  affidavit,  Mr.  Ingraham  alleges  that  the  board  was  influenced  by  selfish 
motives  and  further  alleges  in  effect  that  the  board  abused  its  discretionary 
powers.  The  abuse  of  discretion,  if  such  it  is,  consisted  in  the  unequal  distance 
of  travel  from  the  different  parts  of  the  subdistrict  to  the  schoolhouse.  A  care- 
ful reading  of  the  case  as  filed  in  the  transcript,  fails  to  disclose  any  selfish  or 
improper  motives  on  the  part  of  the  board,  and  we  dismiss  this  charge  without 
further  comment. 

Counsel  for  appellant  discusses  at  some  length  the  effect  of  a  vote  to  recon- 
sider, and  then  not  reconsidering,  not  voting  on  the  former  motion.  It  is  claimed 
that  the  board  merely  voted  to  reconsider  former  motion  to  relocate,  and  that  no 
further  action  being  then  taken,  the  motion  to  relocate  remained  before  the 
board  until  it  should  be  acted  upon  one  way  or  the  other,  or  that  not  being  taken 
up  within  a  month,  it  was  terminated,  leaving  the  previous  action  thereon  in 
force.  Counsel  for  appellees  claims  if  the  first  be  true,  then  the  case  should  have 
been  dismissed,  as  no  action  had  been  taken  from  which  to  appeal. 

Technically  the  vote  to  reconsider  the  former  motion  placed  said  motion  before 
the  board  again,  as  if  it  had  not  been  voted  on,  and  left  it  ready  for  debate  and 
adoption  or  rejection,,  But  it  is  clear  that  the  board  intended  to  rescind  its 


64  SCHOOL   LAW   DECISIONS. 

former  action  and  evidently  understood  the  word  reconsider  in  the  sense  of 
rescinding.  It  is  quite  a  common  misapplication  of  the  word.  That  this  was  the 
intention  is  the  more  conclusive,  when  we  note  the  subsequent  vote  of  the  board 
in  discharging  its  committee. 

In  providing  for  appeals  before  the  county  and  state  superintendent,  it  was 
the  manifest  purpose  of  the  lawmakers  to  afford  a  speedy,  inexpensive  remedy, 
stripped  of  undue  technicalities,  for  certain  classes  of  grievance.  Holding  this 
view,  we  must  recognize  the  intent  of  the  board,  rather  than  what  it  did  under  a 
technical  construction  of  language.  Apparently  the  board  itself  made  the  relo- 
cation and  appointed  a  committee  chiefly  to  arrange  the  details  and  see  to  the 
removal  of  the  schoolhouse.  At  the  May  meeting  no  action  was  taken  by  the 
board  on  the  report  or  statement  made  by  the  committee.  The  resolution  of  the 
board  at  the  March  meeting  located  the  site  about  eighty  rods  east  of  the  old 
site.  The  rescinding  of  this  amounted  to  a  new  location  or  to  undoing  the  former 
action,  a  thing  they  clearly  had  a  right  to  do.  Members  of  the  board  had 
changed  their  views. 

No  evidence  is  introduced  to  show  that  either  site  is  in  itself  unsuitable.  It 
is  merely  a  question  of  distance.  It  is  a  question  of  moving  the  schoolhouse  away 
from  some  and  nearer  to  others.  Neither  site  would  seriously  discommode  any 
one  according  to  the  plat  sent  up  with  the  transcript.  It  is  in  evidence  that  only 
one  more  pupil  would  be  better  accommodated  at  the  new  site  than  at  the  old. 
It  is  not  the  province  of  this  department,  nor  of  the  county  superintendent,  to 
determine  which  of  two  sites  is  the  better.  An  appellate  tribunal  in  such  cases 
may  determine  only  whether  the  board  has  chosen  a  grossly  unsuitable  or  unjust 
and  unfair  site.  If  so  the  board  should  be  reversed.  If  not,  it  should  be  sus- 
tained, even  though  a  better  site  could  be  found. 

In  the  present  instance,  no  gross  injustice  is  done,  no  manifest  error  committed 
In  fact  both  sites  are  good,  and  we  should  be  compelled  to  sustain  the  board  on 
appeal  in  the  selection  of  either  the  present  or  the  new  site.  We  hold  that  the 
county  superintendent  committed  no  error  in  affirming  the  action  of  the  board 
when  it  practically  rescinded  its  former  motion  for  relocation  and  chose  to  keep 
the  old  site.  His  decision  is  therefore  AFFIRMED. 

J.  B.  KNOEPFLER, 

December  21,  1893.  Superintendent  of  Public  Insti'uction. 

W.  S.  KENWORTHY  et  al.  v.  INDEPENDENT  DISTRICT  OF  OSKALOOSA. 
Appeal  from  Mahaska  County. 

DISCRETIONARY  ACTS.     The  order  of  a  board  should  be  reversed  only  upon  the 
plain  showing  that  the  law  has  been  violated  or  discretion  grossly  abused. 
BOARD  OF  DIRECTORS.    Has  full  power  to  provide  and  enforce  a  course  of  study. 
RULES  AND  REGULATIONS.     The  burden  of  proof  is  with  the  appellant  to  show 
that  a  rule  is  unreasonable. 

The  history  of  the  case  is  this.  The  board  has  a  regulation  that  all  pupils 
shall  provide  themselves  with  text-books  suitable  to  their  grade,  and  that  failing 
to  do  this  they  shall  be  suspended  until  they  comply  with  the  rule. 

The  children  of  the  appellants  were  under  this  rule  suspended  from  school  for 
not  being  provided  with  the  music  books  in  use  in  said  schools.  The  parents 
appealed  from  the  ruling  of  the  board  to  the  county  superintendent  who  reversed 
the  action  of  the  board,  and  the  board  appeals. 

It  is  an  established  rule  that  the  action  of  a  school  board  should  be  reversed 
only  upon  the  showing  that  it  has  abused  its  discretion  or  violated  the  law.  In 
this  case  the  county  superintendent  avers  that  it  violated  the  law  in  that  it  did 
not  advertise  for  bids  as  required  by  section  5  of  chapter  24,  Laws  of  1890,  before 
the  music  books  were  adopted. 


SCHOOL  LAW   DECISIONS.  65 

There  is  nothing  in  the  transcript  to  show  that  it  was  acting  under  the  pro- 
visions of  this  chapter,  which  it  could  not  do  unless  so  instructed  by  the  electors 
of  the  district.  See  section  12  of  said  chapter.  So  much  of  the  county  superin- 
tendent's decision  as  refers  to  this  may  then  be  dismissed  from  the  case. 

It  is  further  claimed  that  it  abused  its  discretion  by  adopting  an  unreasonable 
rule.  This  is  the  real  question  at  issue. 

With  their  power  to  establish  and  maintain  graded  schools,  all  boards  are 
invested  with  the  authority  to  prescribe  a  course  of  study  in  the  different 
branches  to  be  taught.  It  is  not  our  province  to  determine  what  the  courts  might 
hold  in  this  case.  They  have  held  that  in  case  a  pupil  refuses  to  conform  to  a 
course  of  study  as  prescribed  by  the  board,  the  proper  remedy  is  suspension  and 
not  corporal  punishment.  See  50  Iowa,  145  They  have  also  held  that  a  rule 
suspending  a  pupil  for  a  certain  number  of  absences  or  tardinesses  is  reasonable, 
and  may  be  enforced.  See  31  Iowa,  562.  It  is  true  that  they  also  have  held  that 
a  pupil  may  be  suspended  only  for  gross  immorality  or  persistent  violation  of 
reasonable  rules.  See  56  Iowa,  476. 

In  this  case  it  is  nowhere  shown  that  the  children  would  in  any  way  be  injured 
by  the  study  of  music,  or  that  their  health  or  wellbeing  demanded  that  they 
should  be  excused  from  the  study  in  question. 

There  is  fair  ground  for  considering  the  refusal  to  purchase  the  books  as  a 
failure  to  comply  with  a  reasonable  regulation  of  the  board.  The  rule  of  the 
board  was  made  so  as  to  bear  with  equal  force  upon  all  the  pupils  in  the  school. 
And  in  order  to  make  it  as  little  oppressive  as  possible  it  offered  the  books  at  the 
least  expense  possible,  and  that  none  might  be  deprived  of  the  benefits  of  the 
study  the  board  authorized  the  'teachers  to  loan  the  text-book  in  music  without 
charge  to  children  whose  parents  were  in  indigent  circumstances. 

The  law  has  invested  boards  with  very  large  discretionary  powers,  under 
which  they  may  grade  the  schools  and  establish  such  regulations  as  may  seem  to 
them  best  for  the  interest  of  the  entire  school.  The  burden  of  proof  in  this  case 
was  with  the  appellants  to  show  that  the  rule  is  unreasonable,  or  that  in  obeying 
it  their  children  would  suffer  some  hardship.  This  we  think  they  have  failed  to 
do,  and  the  decision  of  the  county  superintendent  is  therefore  REVERSED. 

HENRY  SABIN, 

February  12,  1894.  Superintendent  of  Public  Instruction. 

J.  HIMELICK  et  al.  v.  DISTRICT  TOWNSHIP  OF  PLEASANT. 
Appeal  from  Monroe  County. 

COUNTY  SUPERINTENDENT.     To  warrant  setting  aside  the  order  of  a  board,  its 
error  must  appear  plainly. 

COUNTY   SUPERINTENDENT.     Examines  critically  the  testimony,  to  determine 
whether  any  good  reason  is  found  requiring  a  reversal  of  the  order  of  the  board. 

On  appeal,  the  county  superintendent  affirmed  the  order  of  the  board  by 
which  several  changes  were  made  in  subdistrict  boundaries,  with  a  view  to  a 
better  and  more  economical  subdivision  of  the  district  township.  It  is  urged  by 
the  appellant  that  the  county  superintendent  erred  in  sustaining  the  action  of 
the  board,  for  the  reasons,  among  others,  that  the  board  should  first  have  pro- 
vided a  highway  to  any  proposed  new  schoolhouse  site,  also  in  holding  that 
patrons  are  not  injuriously  affected  to  the  extent  that  the  order  of  the  board 
should  therefore  be  set  aside;  and  also  that  his  decision  supporting  the  board  is 
against  the  weight  of  evidence,  and  prejudicial  to  the  best  interests  of  the  entire 
district  township. 

A  close  comparison  of  the  very  clear  and  full  statements  made  in  the  county 
superintendent's  decision  with  the  testimony  in  the  case,  does  not  disclose  any 
good  reason  for  reversing  his  decision.  It  is  evident  that  a  site  cannot  be 


66  SCHOOL   LAW   DECISIONS. 

relocated  to  accommodate  the  subdistrict  newly  formed,  until  such  subdistrict 
is  created  and  in  effect.  An  appeal  will  lie  to  correct  a  legal  error  made  by  the 
board  in  fixing-  any  site. 

The  testimony  is  conclusive  that  the  changes  made  by  the  board  will  be  to  the 
advantage  of  many  patrons.  It  often  occurs  that  such  necessary  changes  will  dis- 
commode some,  who  previously  may  have  been  favored.  It  is  in  evidence  that 
the  board  considered  very  fully  the  claims  of  all  parties,  and  that  the  action 
finally  taken  seemed  demanded  by  the  good  to  come  to  the  larger  number 

We  think  the  county  superintendent  rightly  held  that  the  weight  of  evidence 
supported  the  order  made  by  the  board.  In  hearing  the  appeal,  he  very  properly 
reviewed  the  action  taken  by  the  board,  in  the  capacity  of  an  appellate  tribunal, 
not  as  viewing  matters  in  the  way  he  might  have  done  if  he  had  been  a  member  of 
the  board,  and  thus  possessing  original  jurisdiction,  but  he  simply  examined 
critically  the  testimony  in  the  case,  to  determine  whether  any  good  reason  could 
be  found  which  would  require  that  the  order  of  the  board  should  be  reversed 
To  warrant  a  county  superintendent  in  setting  aside  the  order  of  the  board,  its 
error  must  appear  plainly. 

In  this  case,  the  matter  hinges  upon  the  determination  of  the  single  question, 
— Did  it  abuse  its  discretion?  After  a  fair  hearing,  the  county  superintendent 
held  that  it  had  not  done  so,  and  as  before  stated,  we  can  find  no  good  reason  to 
differ  from  his  conclusion.  AFFIRMED. 

HENRY  SABIN, 

April  26,  1894.  Superintendent  of  Public  Instruction. 


ELLA  BENSON  AND  BELLE  ROBERTSON  v.  DIST.  TWP.  OF  SILVER  LAKE. 
Appeal  from  Dickinson  County. 

CONTRACT.     It  is  the  province  of  the  courts  of  law  to  decide  as  to  the  validity  of 
a  contract. 

COUNTY  SUPERINTENDENT.     Does  not  have  the  power  to  interpret  the  legal 
value  of  a  contract. 

This  case  turns  upon  the  construction  to  be  given  to  a  contract.  The  validity 
of  the  contracts  in  the  sense  claimed  by  the  appellants  is  questioned  and  denied 
by  the  board  The  teachers  assert  that  said  contracts  are  of  full  force  for  the 
nine  school  months  named  in  the  contracts,  and  the  board  contends  that  no 
authority  was  granted  by  it  to  any  one  to  contract  for  more  than  six  months,  and 
that  therefore  the  contracts  can  have  no  force  beyond  the  term  of  six  months.  It 
is  the  province  of  the  courts  of  law  to  decide  as  to  the  validity  of  a  contract  In 
the  trial  of  an  appeal  as  soon  as  it  becomes  clearly  apparent  that  the  principal 
issue  is  of  a  kind  intended  by  our  statutes  to  be  heard  and  determined  only  by  the 
courts  of  law,  the  appeal  should  be  dismissed.  As  the  real  matter  to  be  decided 
in  this  case  is  what  the  contracts  actually  are  and  what  force  must  be  given  to 
their  essential  conditions,  it  follows  that  the  county  superintendent  did  not  err 
in  dismissing  the  appeal  for  want  of  jurisdiction. 

This  case  is  not  parallel  with  Kirkpatrick  v  The  Independent  District,  etc.,  53 
Iowa,  585,  in  which  it  is  held  that  the  remedy  of  a  teacher  wrongfully  discharged 
is  appeal,  and  not  an  action  at  once  in  the  courts  to  recover  compensation.  In 
the  present  case  the  board  did  make  an  order  discharging  these  two  teachers,  but 
it  is  clearly  apparent  that  the  county  superintendent  could  not  review  that  order 
of  the  board  without  proceeding  upon  the  assumption  that  the  contracts  had  force 
and  validity,  and  he  did  not  have  the  power  to  interpret  the  legal  value  of  a  con- 
tract. We  are  compelled  to  find  that  the  only  remedy  of  the  appellants  is  an 
action  in  a  court  of  law.  The  decision  of  the  county  superintendent  is  affirmed 
and  the  case  DISMISSED. 

HENRY  SABIN, 

August  11,  1894.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW   DECISIONS.  67 

SAMUEL,  FALLON  v.  INDEPENDENT  DISTRICT  OF  FORT  DODGE. 

Appeal  from  Webster  County. 

ATTENDANCE.     An  actual  resident  may  not  be  denied  equal  school  advantages 

with  other  residents. 

BOARD  OP  DIRECTORS.    May  adopt  its  own  course  to  decide  the  question  of  actual 

residence. 

TUITION.     Failing1  to  substantiate  a  claim  to  residence,  a  non-resident  may  attend 

school  only  upon  such  terms  as  the  board  deems  just  and  equitable. 

In  this  case  the  two  sons  of  the  appellant,  aged  nineteen  and  sixteen  years, 
were  refused  admission  to  the  schools  unless  they  would  pay  tuition.  They 
claimed  to  be  residents  of  the  district  and  that  they  were  entitled  to  the  same 
privileges  as  other  residents.  Being  denied  admission  they  appealed  to  the 
county  superintendent,  who  affirmed  the  order  of  the  board. 

The  entire  case  turns  upon  the  fact  of  the  residence  of  the  children.  If  a 
board  concludes  that  a  child  is  an  actual  resident,  it  cannot  deny  him  equal  school 
advantages  with  other  residents.  But  if  it  cannot  be  satisfied  that  an  applicant  is 
an  actual  resident,  then  it  is  its  duty  to  make  the  same  requirements  that  are 
demanded  of  other  scholars  who  may  be  sojourning  temporarily  in  the  district. 

It  will  be  of  interest  to  inquire  as  to  who  may  decide  definitely  the  question  of 
residence,  and  as  to  the  manner  in  which  the  matter  should  be  considered.  In 
view  of  the  fact  that  the  matter  has  given  a  great  deal  of  trouble  in  a  number  of 
districts,  this  department  has  had  occasion  frequently  to  submit  questions  involv- 
ing some  phases  of  the  subject  to  the  attorney-general,  for  his  official  opinion.  In 
one  of  these  opinions  he  uses  the  following  language,  which  we  think  is  quite 
applicable  in  this  present  case: 

"It  may  be  said  that  it  is  nowhere  provided  in  the  law  what  course  the  board 
of  directors  shall  pursue  in  determining  whether  a  pupil  is  a  resident  of  the  dis- 
trict, nor  is  the  board  directed  as  to  the  kind  of  evidence  that  shall  be  produced, 
nor  as  to  the  manner  of  producing  it  in  determining  such  question.  In  the  absence 
of  such  a  provision  directing  the  board  as  to  its  course  of  proceeding  in  such  cases, 
I  think  that  body  may  adopt  any  course  it  sees  fit  and  take  any  kind  of  evidence  it 
chooses  in  deciding  this  question  of  residence.  I  think  it  may  make  such  decision 
from  its  own  knowledge  of  facts;  from  the  observations  of  the  members;  from  the 
statements,  sworn  or  unsworn,  of  parties  who  have  knowledge  of  the  facts,  or  from 
any  other  fair  and  impartial  method  of  obtaining  information  bearing  upon  the 
point  at  issue.  I  do  not  think  the  board  has  power  to  compel  the  attendance  of 
witnesses,  or  to  administer  oaths  to  them';  but  in  gathering  its  information  and  in 
deciding  the  question,  it  must  act  in  entire  good  faith  and  with  a  view  to  getting 
the  exact  truth  and  making  its  decision  according  to  the  very  right  of  the  matter." 

It  is  in  evidence  that  the  board  in  this  case  acted  with  deliberation,  and  it  is 
not  claimed  that  it  failed  to  receive  any  testimony  or  statements  that  would  tend 
to  make  a  final  determination  of  the  matter  by  it  any  more  clear  or  conclusive.  In 
reviewing  its  decision  on  appeal  the  county  superintendent  was  unable  to  find  that 
it  had  abused  its  discretion,  had  acted  without  the  fullest  information  within  its 
reach,  or  had  arrived  at  any  other  than  an  equitable  conclusion. 

This  department  has  continuously  held,  in  interpreting  section  1794,  that  the 
board  is  to  be  satisfied  that  the  residence  of  the  scholar  is  actual.  The  burden  of 
proof  rests  upon  the  child  who  has  recently  come  into  the  district,  to  establish 
the  fact  of  residence,  before  he  can  be  admitted  to  school  privileges  free  of  tuition. 
Failing  to  convince  the  board  and  to  substantiate  his  claim  of  residence,  he  can. 
attend  only  upon  such  terms  as  the  board  may  deem  just  and  equitable. 

In  this  case  we  do  not  find  that  the  county  superintendent  erred  in  affirming 
the  order  of  the  board  requiring  the  children  of  Mr.  Fallon  to  pay  tuition  as  an, 
essential  condition  to  attendance.  His  decision  is  therefore  AFFIRMED 

HENRY  SABIN, 


68  SCHOOL  LAW  DECISIONS. 

G.  O.  ROGNESS  v.  DISTRICT  TOWNSHIP  OF  GLENWOOD. 
Appeal  from  Winneshiek  County. 

APPEAL.  Will  lie  from  an  action  of  the  board  which  is  made  a  matter  of  record. 
APPEAL.  May  be  taken  from  the  action  of  the  board  in  laying  the  subject-matter 
of  a  petition  on  the  table. 

It  appears  that  at  the  meeting  of  the  board,  held  September  17,  1894,  Geo.  O. 
Rogness  presented  a  petition  asking  that  the  board  redistrict  said  township,  and 
also  that  an  extra  school  be  kept  for  four  months  in  a  certain  school  building, 
situated  on  the  farm  of  E.  Bolson.  By  vote  of  the  board  said  petition  was  laid  on 
the  table.  An  appeal  was  taken  to  the  county  superintendent,  who  dismissed  the 
same  on  the  ground  that  no  action  was  taken  by  the  board  which  could  furnish 
.the  basis  of  an  appeal.  The  case  comes  now  on  appeal  before  the  superintendent 
of  public  instruction. 

The  only  point  to  be  decided  is  whether  an  appeal  may  be  taken  from  a  vote 
to  lay  on  the  table.  The  words  of  the  law  in  section  1829  are  that  any  person 
aggrieved  by  any  order  or  decision  of  the  board  may  appeal.  The  transcript  sent 
up  by  the  secretary  in  this  case  reads:  "Moved  and  carried  that  the  bill 
(petition)  of  G.  Rogness  be  laid  on  the  table."  It  must  be  held  that  this  con- 
stitutes an  action  on  the  part  of  the  board.  The  motion  to  lay  on  the  table  was 
made,  was  voted  upon,  was  declared  carried,  and  is  so  recorded  upon  the  secre- 
tary's book.  The  above  conclusion  is  in  accord  with  the  unvarying  opinion  of 
this  department  for  a  long  number  of  years. 

It  is  to  be  noted  that  in  the  case  cited  by  counsel  for  the  side  of  the  district,  in 
71  Iowa,  page  634,  the  supreme  court  does  not  attempt  to  decide  what  constitutes 
an  action.  It  refers  to  cases  in  which  the  board  purposely  intend  by  neglect  or 
refusal,  to  avoid  taking  an  action  or  making  an  order  or  decision.  In  the  case 
we  are  now  deciding,  the  board  made  an  order,  which  the  secretary  recorded  in 
the  minutes,  "  that  the  petition  be  laid  upon  the  table."  The  decision  of  Superin- 
tendent Abernethy,  see  S.  L.  Dec.  1892,  page  62,  that  the  motion  to  lay  on  the 
table  "furnishes  a  convenient  method  of  disposing  of  the  matter,"  appears  to  be 
to  the  point.  The  right  of  the  board  to  make  such  a  disposition  of  a  case  cannot 
be  questioned,  but  it  must  be  regarded  as  an  action  subject,  like  any  other  action, 
to  appeal. 

After  studying  up  carefully  the  precedents  as  established  by  the  rulings  of 
this  department,  and  reading  with  equal  care  the  cases  cited  by  counsel,  we  can 
arrive  at  no  other  conclusion.  The  case  is  reversed,  with  the  suggestion  to  the 
superintendent  that  he  remand  the  case,  in  order  that  the  board  may  take  such 
iurther  action  as  may  seem  fair  and  just  to  all  concerned.  REVERSED. 

HENRY  SABIN, 

January  11,  1895.  Superintendent  of  Public  Instruction. 


MARY  GREY  v.  INDEPENDENT  DISTRICT  OF  BOYLE. 
Appeal  from  Iowa  County. 

BOARD  OF  DIRECTORS.    In  locating  a  site  the  board  acts  wisely  in  taking  into 
consideration  the  prevailing  sentiment  of  the  people. 

COUNTY  SUPERINTENDENT.     Should  reverse  the  action  of  the  board  only  upon 
the  clearest  and  most  explicit  proof  of  abuse  of  discretion. 

The  history  of  this  case  is  not  different  from  that  of  many  others.  The  school- 
JLouse  of  the  district  is  unfit  for  use,  and  the  electors  voted  bonds  to  build  a  new 
one.  By  a  vote  very  nearly  unanimous  they  directed  the  board  to  locate  the  new 
house  on  a  site  160  rods  east  of  the  present  site.  While  we  do  not  hold  that  this 
vote  was  binding  upon  the  board,  it  showed  at  least  the  prevailing  sentiment  of 


SCHOOL  LAW   DECISIONS.  69 

the  district,  and  the  board  acted  wisely  in  taking  it  into  consideration,  in  select- 
ing a  new  location.  See  also  case  on  page  75,  S.  L.  Dec.  1892. 

As  it  was  not  able  to  purchase  a  site  desired  by  the  electors,  the  board 
chose  one  30  rods  farther  west.  From  this  action  Mrs.  Mary  Grey  appealed.  The 
county  superintendent  reversed  the  order  of  the  board  and  appeal  is  taken  to  the 
superintendent  of  public  instruction.  The  transcript  as  sent  up  with  the  case 
reveals  no  new  point  of  law  to  be  considered.  The  proceedings  of  the  board  were 
regular  and  in  accordance  with  the  law.  The  evidence  nowhere  shows  any  pas- 
sion, prejudice,  or  malice,  on  the  part  of  the  board.  The  responsibility  of 
selecting  the  site  rests  with  the  board,  that  body  having  original  jurisdiction. 
See  also  case  on  page  138,  S.  L.  Dec.  1892.  The  county  superintendent  having 
only  appellate  jurisdiction  should  reverse  its  action  only  upon  the  clearest 
and  most  explicit  proof  of  abuse  of  discretion.  Reference  is  here  made  to  the 
case  of  Edwards  v.  Dist.  Twp.  of  West  Point,  page  22,  S.  L.  Dec.  1892,  as  pre- 
senting a  very  conclusive  discussion  of  the  principles  involved. 

While  we  always  regret  to  be  compelled  to  disturb  the  decision  of  a  county 
superintendent,  and  concede  that  in  this  particular  case  the  county  superinten- 
dent was  actuated  only  by  the  best  motives,  we  cannot  find  any  such  satisfactory 
proof  that  the  board  erred,  as  would  warrant  the  county  superintendent  in  revers- 
ing its  action.  The  decision  of  the  county  superintendent  is  REVERSED. 

HENRY  SABIN, 

August  26,  1895.  Superintendent  of  Public  Instruction. 


MARY  GREY  v.  INDEPENDENT  DISTRICT  OF  BOYLE. 

Appeal  from  Iowa  County. 
APPLICATION  FOR  A  REHEARING. 

REHEARING.     To  obtain  a  rehearing  the  necessity  must  be  clearly  shown. 
TESTIMONY.     New  testimony  can  be  introduced  only  when  the  facts  materially 
affecting  the  case  could  not  have  been  known  before  the  trial. 

Comes  now  the  attorney  for  Mary  Grey,  and  asks  a  rehearing  in  this  case. 

It  is  a  reasonable  presumption  that.the  merits  of  the  case  were  fully  presented 
at  the  time  of  the  trial  before  the  county  superintendent.  The  party  asking  for 
a  rehearing  does  not  claim  that  any  testimony  has  been  discovered  which  could 
not  have  been  introduced  at  the  time  of  the  original  trial.  The  course  which  he 
urges  would  in  effect  be  to  initiate  a  new  case,  and  introduce  testimony  concern- 
ing a  site  which  neither  the  board  of  directors  nor  the  county  superintendent  had 
in  mind,  as  disclosed  by  the  transcript  sent  up  to  this  office. 

By  using  reasonable  diligence,  the  facts  set  forth  in  the  affidavit  asking  for  a 
rehearing,  might  have  been  produced  before  the  county  superintendent,  but  it 
may  not  properly  be  claimed  that  a  rehearing  for  such  a  purpose  should  now  be 
granted.  See  second  paragraph  on  page  109,  case  in  S.  L.  Dec.  1892.  If  the  case 
were  reopened,  it  could  be  only  to  ascertain  whether  the  merits  of  the  case  were 
fully  and  fairly  set  forth  at  the  former  hearing,  as  determined  by  the  transcript 
of  the  case,  certified  to  by  the  county  superintendent  as  a  record  of  the  proceed- 
ings before  him.  No  new  testimony  as  to  the  desirableness  of  any  other  site 
could  be  admitted.  The  time  for  the  introduction  of  such  testimony  was  at  the 
first  trial,  and  we  do  »not  see  that  there  is  anything  to  be  gained  by  reopening  the 
case.  It  would  be  to  consider  only  the  same  points  which  we  endeavored  to  con- 
sider fairly*and  fully  in  our  decision  of  August  26,  1895.  The'  motion  for  a  rehear- 
ing is  denied. 

HENRY  SABIN, 

September  4,  1895.  Superintendent  of  Public  Instruction. 


70  SCHOOL  LAW  DECISIONS. 

MARY  GREGORY  v.  W.  A.  MCCORD,  Co.  SUPT. 
Appeal  from  Polk  County. 

COUNTY  SUPERINTENDENT.  Unless  a  marked  abuse  of  discretionary  power  is 
clearly  and  conclusively  proved,  his  action  in  refusing1  or  revoking  a  certificate 
will  not  be  interfered  with  on  appeal. 

Section  1767  provides  that  if  the  county  superintendent  is  satisfied  that  an 
applicant  possesses  the  requisite  knowledge  of  the  branches  specified  in  section 
1766,  and  a  good  moral  character,  together  with  the  essential  qualifications  for 
governing-  and  instructing  children  and  youth,  then  said  county  superintendent 
^hall  grant  a  certificate  to  teach  in  the  schools  of  his  county,  for  a  time  not  to 
exceed  one  year.  If  he  is  not  satisfied  that  the  candidate  is  adequately  qualified 
in  every  one  of  these  particulars,  then  the  certificate  may  be  denied. 

Section  1771  provides  that  the  county  superintendent  may  revoke  a  certificate 
for  any  reason  which  would  have  justified  the  withholding  thereof  when  the  same 
was  given,  provided  that  there  shall  be  an  investigation,  of  which  the  teacher 
shall  have  personal  knowledge  and  be  permitted  to  be  present  and  make  defense. 

It  must  be  left  entirely  to  the  judgment  of  the  county  superintendent  to 
determine  what  are  the  essential  qualifications  for  governing  and  instructing 
children  and  youth.  No  court  will  attempt  to  control  his  discretion  in  this  mat- 
ter. He  may  conclude  that  the  teacher  fails  through  laziness,  moroseness  of 
temper,  want  of  self-control,  or  by  reason  of  some  marked  physical  defect  con 
cealed  at  the  time  of  examination,  or  any  one  of  many  other  points,  without  in  the 
least  impeaching  the  moral  character  of  the  teacher,  or  his  technical  knowledge 
of  the  branches  to  be  taught. 

We  are  compelled  to  hold  that  the  county  superintendent  had  full  and  com- 
plete jurisdiction  of  the  case  at  bar. 

The  law  provides  that  the  teacher  shall  have  the  fullest  opportunity  to  make 
Ms  defense.  The  county  superintendent  was  occupied  nine  days  in  trying  this 
case.  There  can  be  no  doubt  that  this  provision  of  the  law  was  complied  with  in 
every  particular. 

The  only  other  point  to  be  determined  concerns  the  abuse  of  discretion  on  the 
part  of  the  county  superintendent.  A  careful  review  of  all  the  papers  sent  up  in 
the  transcript  fails  to  show  any  passion,  prejudice  or  malice  on  his  part.  We 
find  that  the  proceedings  were  regular  and  in  accordance  with  the  law. 

The  counsel  for  Mary  Gregory  submits  a  large  number  of  errors  on  the  part  of 
the  county  superintendent,  but  we  cannot  find  that  any  one  of  them  is  vital  to  the 
case.  The  rulings  made  by  the  county  superintendent  have  no  material  effect  on 
the  final  decision  of  the  case,  and  the  exceptions  of  the  plaintiff  are  passed  over. 
Special  reference  is  made  to  the  case  of  Dougherty  v.  Tracy,  page  17,  S.  L.  Dec. 
1892,  in  which  this  whole  subject  is  thoroughly  and  fully  discussed  by  one  of  the 
ablest  men  who  ever  occupied  this  office. 

The  same  discretion  which  the  county  superintendent  has  in  issuing  a  certifi- 
cate, he  possesses  in  revoking  it.  The  supreme  court  has  held  that  it  cannot 
control  such  discretion,  or  substitute  its  own  judgment  for  that  of  the  officer. 
See  52  Iowa,  111.  It  is  not  for  us  to  say  that  Mary  Gregory  is  or  is  not  a  fit  person 
to  teach  in  the  schools  of  Polk  county.  The  law  vests  that  right  in  the  discre- 
tionary power  of  the  county  superintendent,  and  he  must  assume  the  responsi- 
bility. Unless  a  marked  abuse  of  his  discretionary  power  is  clearly  and  conclu- 
sively proved,  his  action  in  refusing  or  revoking  a  certificate  will  not  be  interfered 
with  on  appeal.  See  Walker  v.  Crawford,  page  115,  S  L.  Dec.  1892 

After  a  careful  consideration  of  all  the  points  involved,  we  find  no  reason 
to  warrant  reversing  the  action  of  the  superintendent.  AFFIRMED. 

I  HENRY  SABIN, 

September  26,  1895.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  71 

E.  E.  AMSDEN  v.  INDEPENDENT  DISTRICT  OF  MACEDONIA 
Appeal  from  Pottawattamie  County. 

AFFIDAVIT.  The  affidavit  may  be  amended  when  such  action  is  not  prejudicial 
to  the  rights  of  any  one  interested. 

AFFIDAVIT.     Must  be  accepted,  if  sufficient  to  give  the  appellant  a  standing. 
APPEAL.     Mere  technical  objections  should  not  prevent  the  fullest  presentation 
of  the  merits  of  the  case,  in  the  trial  of  an  appeal. 

TESTIMONY.  Sufficient  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony to  permit  a  full  presentation  of  the  issues  involved,  even  if  irrelevant 
testimony  is  occasionally  admitted. 

There  are  certain  facts  in  this  case  concerning  which  there  is  no  disagree- 
ment. The  board  of  directors  contracted  on  the  26th  day  of  March,  1895,  with  E. 
E.  Amsden,  to  teach  upon  terms  clearly  set  forth  in  the  contract  as  signed  by 
both  parties.  Concerning  the  validity  of  this  contract  there  is  no  doubt 
expressed. 

Upon  the  5th  day  of  July  the  said  Amsden  had  a  hearing  before  the  board, 
upon  definite  and  well  specified  charges.  He  was  duly  notified  of  these  charges, 
was  present  both  himself  and  by  counsel  at  the  time  of  trial,  and  was  allowed  to 
make  his  defense.  The  board  took  time  for  deliberation,  and  finally  on  the  8th 
day  of  July,  made  an  order  annulling  the  contract,  and  in  effect  discharging  the 
teacher.  From  this  decision  Mr.  Amsden  appealed  to  the  county  superintendent, 
who  on  the  3d  of  September,  rendered  a  decision  dismissing  the  case  on  account 
of  the  legal  insufficiency  of  the  affidavit. 

There  are  only  two  questions  involved.  Was  the  original  affidavit  sufficient  to 
enable  the  county  superintendent  to  assume  jurisdiction  of  the  case?  And  could 
the  affidavit  be  amended  at  the  time  of  trial? 

It  must  be  held  that  the  lapse  of  thirty  days  from  the  making  of  the  order 
sought  to  be  appealed  from  does  not  affect  in  any  way  the  right  of  the  appellant 
to  amend  his  original  affidavit.  If  he  offered  his  amendment  at  the  time  of  trial, 
he  complied  with  the  usual  practice.  Whether  the  amendment  should  be 
admitted  depends  upon  its  nature.  If  it  set  up  a  new  and  distinct  issue,  one  not 
involved  in  any  way  in  the  original  affidavit,  then  the  county  superintendent 
should  refuse  to  allow  the  amendment  to  be  made.  See  case  on  page  141  in  S.  L. 
Dec.  1884.  An  amendment  is,  however,  admissible  when  it  tends  to  correct 
mistakes  or  to  make  clearer  or  more  explicit  the  charges  contained  in  the  origi- 
nal affidavit.  See  case  on  page  25,  S.  L.  Dec.  1892,  In  the  case  at  bar  the 
amended  affidavit  introduces  no  new  issue  and  does  not  in  any  way  prejudice  the 
rights  of  any  person.  We  think  the  county  superintendent  committed  error  in 
refusing  to  admit  the  amendment. 

Now  as  to  the  original  affidavit.  We  do  not  understand  what  is  meant  by  the 
term  legal  insufficiency.  It  is  to  be  remembered  that  no  very  definite  rules  have 
been  or  can  be  adopted  for  the  trial  of  cases  before  the  county  superintendent. 
This  department  has  always  held  that  the  system  of  appeals  was  intended  as  a 
speedy  and  inexpensive  method  of  adjusting  school  difficulties.  See  case  on  page 
25,  S.  L.  Dec.  1892.  The  supreme  court  has  held  that  it  "is  abundantly  manifest 
that  the  legislature  designed  to  afford  an  inexpensive  and  summary  way  of  dis- 
posing of  these  cases."  See  68  Iowa,  161  Mere  technicalities  cannot  be  allowed 
to  intervene  to  defeat  the  ends  for  which  the  system  of  appeals  was  instituted. 

The  appellant  sets  forth  in  his  affidavit  that  the  board  acted  through  passion 
and  prejudice,  and  that  he  did  not  have  the  fair  and  impartial  trial  guaranteed  to 
him  by  section  1734.  On  these  as  well  as  on  other  grievances  set  forth  in  the 
affidavitv  the  appellant  has  the  right  to  be  heard  before  the  county  superin- 
tendent, to  introduce  testimony,  and  to  be  heard  by  himself  or  his  counsel 

The  law  makes  it  obligatory  upon  the  county  superintendent  to  hear  such  a 
case,  to  weigh  carefully  and  without  prejudice  the  evidence  and  the  arguments, 


72  SCHOOL  LAW   DECISIONS. 

and  to  render  his  decision  in  accordance  with  his  judgment.  This  is  the  more 
important  in  such  cases,  because  the  teacher  has  no  other  remedy  in  law  of  which 
he  can  avail  himself.  Through  some  informality  which  does  not  in  any  way 
affect  the  issues  in  the  case,  he  should  not  be  deprived  of  his  right  of  appeal. 

We  say  nothing  of  the  merits  of  this  case.  We  know  nothing  of  them.  We 
believe  the  affidavit  of  appeal  was  sufficient  to  give  the  appellant  a  standing 
before  the  county  superintendent,  and  that  is  the  only  point  upon  which  we  are 
called  to  pass. 

The  case  is  remanded  to  the  county  superintendent,  with  directions  to  fix  a 
time  of  hearing  the  same  within  fifteen  days  from  the  date  of  this  decision,  and  to 
notify  all  concerned,  that  they  may  be  present.  REVERSED  AND  REMANDED. 

HENRY  SABIN, 

November  21,  1895.  Superintendent  of  Public  Instruction. 

D.  C.  MCKEE  v.  DISTRICT  TOWNSHIP  OF  GROVE. 
Appeal  from  Humboldt  County. 

SUBDISTRICT  BOUNDARIES.  When  an  action  has  been  reversed  by  the  county 
superintendent,  and  that  decision  affirmed  by  the  superintendent  of  public 
instruction,  the  board  cannot  act  again  until  a  material  change  has  taken  place. 
SCHOOL-HOUSE  SITE.  When  purchased  need  not  necessarily  be  upon  a  highway 
DISCRETIONARY  ACTS.  An  appellate  tribunal  is  not  to  decide  mainly  whether 
the  action  complained  of  was  wise,  or  the  best  that  might  have  been  taken,  but 
simply  whether  a  reversal  is  required  by  the  evidence 

In  this  case  the  board  on  September  16, 1895,  made  two  orders.  By  the  first  of 
these  it  divided  subdistrict  number  7  in  said  township  into  two  subdistricts,  to  be 
known  as  number  7  and  number  9,  and  established  the  boundary  line  between 
them.  By  the  second  action  it  ordered  the  removal  of  the  schoolhouse,  now 
located  on  section  34,  township  92  north,  range  28  west,  removed  and  located  on 
section  33,  township  92  north,  range  28  west,  on  the  Sherman  and  Dakota  road, 
and  authorized  the  president  to  draw  an  order  for  the  payment  of  the  same  on 
report  of  the  committee. 

From  these  two  actions,  D.  C.  McKee  appealed  to  the  county  superintendent, 
who  reversed  both  actions  of  the  board  and  relocated  the  schoolhouse  on  the  old 
site.  From  the  order  removing  the  schoolhouse  D.  C.  McKee  takes  an  appeal  to 
the  superintendent  of  public  instruction.  The  former  action  of  the  board  divid- 
ing the  subdistrict  and  reversed  by  the  county  superintendent  is  not  in  the  case. 
This  simplifies,  the  matter  and  leaves  as  the  only  point  to  be  considered,  the  dis- 
cretionary act  of  the  board  in  ordering  the  removal  of  the  building  to  the  new  site. 

The  district  as  at  present  constituted  is  four  and  one-half  miles  from  east  to 
west  in  extreme  length.  The  two  schoolhouses  stand  within  a  mile  of  each  other. 

There  are  several  points  brought  in  by  the  county  superintendent  and  in  the 
arguments  of  the  attorneys  which  need  but  a  brief  notice.  It  appears  that  at  a 
previous  meeting  of  the  board  it  took  action  removing  the  schoolhouse  to  a  site 
near  the  present  new  site,  which  action  was  reversed  by  the  county  superintend- 
ent, and  that  there  has  been  no  material  change  in  the  district  since  that.  This 
does  not  act  as  a  bar  in  any  sense  to  the  present  proceedings  For  a  full  discus- 
sion of  this  point  see  P.  O'Connor  Jr.,  v.  District  Township  of  Badger,  page  108,  S. 
L.  Dec  1892. 

The  only  case  in  which  the  board  cannot  act  again  without  a  material  change 
is  when  a  former  action  has  been  reversed  by  the  county  superintendent,  and.  on 
appeal  to  the  superintendent  of  public  instruction,  has  been  affirmed.  In  the 
case  at  bar  the  county  superintendent  reversed,  the  action  of  the  board  but  appeal 
was  not  taken  to  the  superintendent  of  public  instruction. 

Much  stress  has  been  laid  also  upon  the  question  whether  the  road  upon  which 
the  new  site  is  located  is  a  highway  in  the  sense  intended  by  the  law.  Section 
1826  has  reference  to  a  case  in  which  the  board  condemns  a  piece  of  land  for 


SCHOOL  LAW   DECISIONS.  73 

schoolhouse  purposes.  But  when  said  site  is  purchased  by  the  board  the  provis- 
ions of  sections  1825-1826  do  not  apply.  See  also  for  a  full  discussion  of  this  point, 
case  H.  D.  Fisher  v.  District  Township  of  Tipton  pag-e  86,  S,  L,  Dec.  1892. 

If  the  site  selected  and  purchased  should  be  inaccessible,  it  might  be  a  case 
warranting  the  reversing  of  the  board,  but  in  the  case  at  bar  the  site  purchased 
by  the  board  is  on  a  highway,  which  both  parties  acknowledge  has  been  traveled 
more  or  less  for  at  least  nine  years. 

This  leaves  the  only  point  for  consideration  whether  the  board  abused  its  dis- 
cretion in  ordering  the  removal  of  the  schoolhouse.  The  location  of  the  school- 
house  is  a  matter  entirely  within  the  discretionary  power  of  the  board.  Its  action 
ought  not  to  be  reversed  by  the  county  superintendent  without  the  clearest  proof 
that  it  has  acted  through  passion  or  prejudice  or  from  some  improper  motive. 
There  is  nothing  in  this  case  whatever  to  show  that  the  board  was  not  endeavor- 
ing to  do  what  it  believed  to  be  for  the  best  interests  of  all  the  people  of  the  sub- 
district.  The  vote  in  the  board  stood  four  in  favor  of  removal  and  one  opposed. 

We  cannot  discover  that  there  are  any  reasonable  grounds  for  reversing  its 
action.  We  are  not  called  upon  to  decide  whether  it  acted  wisely  or  unwisely 
but  simply  and  solely  whether  there  is  sufficient  evidence  to  warrant  the  county 
superintendent  in  reversing  its  action  on  the  grounds  of  abuse  of  discretion.  We 
regret  very  much  that  we  are  obliged  to  reverse  the  action  of  the  county  super- 
intendent, and  do  not  doubt  that  he  acted  according  to  his  best  judgment.  We 
are,  however,  compelled  to  decide  that  the  board  did  not  in  any  way  so  abuse  its 
discretion  as  to  warrant  an  interference.  REVERSED. 

x  HENRY  SABIN, 

February  8,  1896.  Superintendent  of  Public  Instruction. 


J.  H.WINGET  v.  INDEPENDENT  DISTRICT  OF  WELDON. 
Appeal  from  Decatur  County. 

APPEAL.     Will  not  lie  from  neglect  or  failure  to  act.     There  must  be  a  recorded 
action  in  the  matter  complained  of. 

This  appeal  was  taken  from  the  neglect  of  the  board  of  Weldon  to  act  as  asked 
for  upon  petition  signed  by  J.  H.  Winget  and  others. 

This  department  has  always  held  that  an  appeal  will  not  lie  from  the  neglect 
or  failure  of  a  board  to  act  upon  a  petition.  The  proper  remedy  in  such  a  case  is 
not  appeal,  but  an  application  to  a  court  for  a  writ  to  compel  the  board  to  take 
some  action. 

The  case  is  dismissed  for  want  of  jurisdiction.  REVERSED  AND  DISMISSED. 

HENRY  SABIN, 

March  3,  1896.  Superintendent  of  Public  Instruction. 


HUGH  MCMILLAN  v.  DISTRICT  TOWNSHIP  OF  WAVELAND. 
Appeal  from  Pottawattamie  County. 

BOARD  OF  DIRECTORS.  It  is  the  first  duty  of  a  board  to  co-operate  with  and 
assist  the  teacher  in  the  conduct  of  the  school. 

TEACHER.  A  teacher  may  justly  claim  and  expect  to  receive,  the  assistance  and 
advice  of  the  board,  and  especially  the  help  of  his  own  subdirector,  in  the  proper 
conduct  of  his  school. 

BOARD  OF  DIRECTORS.  In  exercising  its  power  in  a  semi-judicial  capacity,  the 
board  should  be  able  to  show  the  very  best  reasons  for  its  conclusions. 
TEACHER.  It  is  alike  due  to  the  dignity  of  the  board  and  the  rights  of  the  teacher 
that  no  one  should  be  discharged  except  after  thorough  investigation  and  the 
clearest  proof.  If  possible,  the  teacher  should  be  shielded  from  the  stigma  of 
discharge. 

After  a  trial,  conducted  in  accordance  with  law,  the  board,  by  a  vote  of  three 
to  two  in  a  board  of  nine  members,  discharged  the  teacher  for  incompetency,  in 
accordance  with  the  provisions  of  section  1734.  Hugh  McMillan  appealed  to  the 


74  SCHOOL   LAW    DECISIONS. 

county  superintendent,  who  reversed  the  order  of  the  board.  John  W.  Rush, 
president  of  the  board,  appeals  here. 

The  proceedings  of  the  board  in  this  case  were  entirely  regular,  and  it  is  not 
claimed  that  the  law  was  violated  by  it  in  any  particular,  as  to  its  manner  of  pro- 
ceeding. The  question  to  be  determined  by  us  is,  was  the  county  superintendent 
warranted  in  finding  that  the  board  abused  its  discretion  to  that  extent  to  require 
a  reversal  of  its  action  in  discharging  the  teacher. 

The  testimony  discloses  a  very  undesirable  condition  in  the  school  in  question, 
as  to  the  matter  of  discipline  and  the  behavior  of  the  scholars.  The  testimony 
discloses  the  fact  that  many  of  the  older  scholars,  instead  of  being  an  assistance 
to  the  teacher,  and  a  credit  to  themselves  and  their  parents,  were  insubordinate, 
disobedient,  and  disrespectful  to  the  teacher.  The  testimony  also  discloses  that 
the  subdirector,  instead  of  assisting  the  teacher  in  maintaining  discipline  and 
good  order  in  the  school,  withheld  that  support  so  much  needed  by  any  teacher 
under  such  circumstances.  It  is  not  shown  nor  is  it  claimed  that  any  of  the  board 
had  visited  the  school  for  the  purpose  of  aiding'  the  teacher  in  enforcing  rules  for 
its  government,  as  it  is  required  to  do  by  the  first  part  of  section  1734.  Nor  did 
the  subdirector  visit  his  school,  as  he  is  required  to  do  by  the  latter  part  of 
section  1756. 

The  testimony  in  the  case  is  to  the  effect  that  after  the  incorrigible  scholars 
were  dismissed  the  teacher  was  much  more  successful  in  his  work.  We  cannot 
find  from  the  testimony  that  the  teacher  failed  in  any  important  particular  to 
attempt  to  do  his  full  duty  by  his  school,  and  to  regard  equally  the  rights  of 
every  scholar.  Under  all  circumstances,  we  think  it  is  the  first  duty  of  any  board 
to  co-operate  with  and  assist  the  teacher  in  the  conduct  of  his  school.  This  is  the 
duty  of  the  local  subdirector  in  a  peculiar  sense,  as  he  is  in  close  relation  to  his 
own  school  and  his  teacher.  A  teacher  may  justly  claim  and  expect  to  receive, 
the  assistance  and  advice  of  the  board,  and  especially  the  help  of  his  own  subdi- 
rector, in  the  proper  conduct  of  his  school.  See  case  on  page  135,  S.  L.  Dec.  1892. 
It  is  often  the  case  that  a  little  timely  assistance,  offered  at  the  right  time  and  in 
the  proper  spirit,  will  aid  a  teacher  very  materially  in  maintaining  good  order 
and  discipline  in  his  school,  and  in  preventing  many  difficulties  from  arising, 
which  might  under  a  different  course,  almost  certainly  tend  to  injure  the  effi- 
ciency of  the  school. 

In  this  case,  two  of  the  five  members  present  at  the  trial  voted  to  discharge  the 
teacher,  two  voted  in  the  negative,  leaving  the  casting  vote  with  the  subdirector 
of  the  school,  who,  as  we  have  seen,  was  out  of  sympathy  with  the  teacher,  and 
had  failed  to  afford  his  assistance  to  a  successful  management  of  the  school. 
While  it  is  true  that  in  general  the  discretionary  acts  of  a  board  are  entitled  to 
great  weight,  yet  it  is  also  true  that  in  exercising  its  power  in  a  semi-judicial 
capacity,  the  board  should  be  able  to  show  the  very  best  reasons  for  its  conclu- 
sions. Except  upon  the  clearest  proof,  and  the  most  convincing  reasons  apparent 
to  the  board  that  the  good  of  the  school  demands  the  discharge  of  the  teacher, 
a  teacher  should  be  shielded  from  the  stigma  of  discharge,  and  the  authority  of 
the  board  and  the  respect  due  the  board  and  its  teachers,  should  be  maintained, 
by  a  decision  on  the  part  of  the  board  to  assist  and  support  the  teacher  in  bringing 
his  school  to  a  conclusion  as  nearly  as  possible  satisfactory  to  the  board  and  cred- 
itable to  himself.  The  decision  of  the  county  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

May  20,  1896.  Superintendent  of  Public  Instruction. 


S.  B.  HEATH  v.  DISTRICT  TOWNSHIP  OF  IOWA. 
from  Wright  County. 


COUNTY  SUPERINTENDENT.     On  appeal  may  do  no  more  than  the  board  might 
have  done. 


SCHOOL  LAW  DECISIONS.  75 

INDEPENDENT  DISTRICT.    The  boundaries  outside  the  town  plat  depending-  upon 
the  petition  of  the  electors,  such  boundaries  may  not  be  fixed  until  petitioned  for. 

This  is  a  case  arising  under  the  amendment  to  section  1800  made  by  the  twenty- 
fifth  general  assembly  It  is  the  effect  of  this  amendment  that  when  a  town  or 
village  has  less  than  two  hundred  inhabitants  and  not  less  than  one  hundred 
inhabitants,  the  territory  contiguous  to  such  town  plat  may  not  be  included  in 
the  proposed  independent  town  district  except  on  a  written  petition  of  a  majority 
•of  the  electors  residing  upon  such  territory  outside  the  town  plat. 

In  this  case  the  board  refused  to  fix  the  boundaries  of  a  contemplated  inde- 
pendent town  district.  From  its  order  appeal  was  taken  to  the  county  superin- 
tendent who  reversed  the  order  of  the  board  and  fixed  the  boundaries  of  a  con- 
templated independent  district,  but  different  from  the  boundaries  asked  for  in 
the  petition  presented  to  the  board  from  the  electors  residing  outside  the  town. 

Without  considering  any  of  the  other  merits  of  the  case  it  becomes  necessary 
to  inquire  whether  the  county  superintendent  might  in  reversing  the  order  of  the 
board',  fix  different  boundaries  than  those  petitioned  for  by  the  majority  of  the 
electors  residing  upon  the  outside  territory.  We  find  that  the  territory  included 
in  the  contemplated  district  by  the  order  of  the  county  superintendent  excludes 
at  least,  four  and  one-half  sections  that  were  before  included.  .Did  the  county 
superintendent  have  power  to  fix  different  boundaries  for  the  outside  territory 
from  those  petitioned  for  when  application  was  made  to  the  board,  without  first 
himself  having  a  written  petition  from  a  majority  of  the  resident  electors  upon 
the  territory  outside  the  town  which  said  county  superintendent  included  within 
the  contemplated  independent  district?  We  think  he  did  not.  If  our  view  is 
correct  it  is  decisive  of  the  case  and  we  will  be  compelled  to  reverse  the  county 
superintendent's  decision. 

Not  many  cases  have  arisen  under  the  amendment  to  section  1800,  found  in 
chapter  38,  Laws  of  1894.  But  it  seems  to  us  that  there  can  be  no  doubt  as  to  the 
intention  of  the  general  assembly  to  require  that  before  territory  outside  a  town 
or  village  of  over  one  hundred  and  of  less  than  two  hundred  inhabitants  may  be 
included  within  a  contemplated  independent  town  district,  a  majority  of  the 
electors  must  consent  that  such  boundaries  may  be  fixed.  Any  other  conclusion 
would  seem  to  defeat  the  purposes  of  the  amendment.  It  is  not  reasonable  to  urge 
that  the  county  superintendent  would  have  greater  power  on  appeal  than  the 
board  would  have. 

It  will  be  noticed  that  this  decision  has  no  reference  whatever  to  the  merits  of 
the  case  as  to  the  boundaries  which  should  be  fixed  for  a  town  independent  district. 
That  matter  is  still  within  the  discretion  of  the  board  under  the  limitations  of 
the  law.  REVERSED. 

HENRY  SABIN, 

August  3,  1896.  Superintendent  of  Public  Instruction. 


J.  E.  KLEIN  v.  INDEPENDENT  DISTRICT  OF  OSKALOOSA. 
Appeal  from  Mahaska  County. 

BONDS.     If  a  large  portion  of  the  people  desire  to  vote  upon  issuing  bonds,  the 
board  should  submit  such  a  proposition. 

CERTIORARI.     The  best  remedy  of  any  one  believing  that  the  law  has  been 
violated,  is  application  to  a  court  for  relief. 

On  the  22d  day  of  June,  1896,  the  directors  of  the  above  named  district  unan- 
imously adopted  the  following  resolution: 

Resolved,  That  the  question  of  issuing  bonds  of  this  district  in  an  amount  not 
exceeding  $30,000,  for  the  purpose  of  constructing  a  public  school  building,  shall 
be  submitted  to  the  voters  of  this  district  on  Thursday,  July  2,  1896,  at  the  court 
house.  The  polls  to  be  open  from  9  A.  M.  to  7  P.  M.,  of  said  day. 


76  SCHOOL  LAW   DECISIONS. 

The  usual  notices  were  posted  by  the  secretary  in  five  places,  as  required  by 
section  1742.  The  notices  specified  the  date  and  place  of  the  election,  the  hours 
during  which  the  polls  should  be  open  and  the  manner  of  voting.  It  provided 
that  those  voting  on  this  proposition  should  have  written  or  printed  in  their 
ballots:  "For  the  issue  of  bonds — Against  the  issue  of  bonds."  That  the  pre- 
liminary proceedings  of  the  board  were  strictly  in  accordance  with  the  require- 
ments of  the  law  is  not  questioned  by  any  one. 

On  the  2d  of  July,  pursuant  to  the  notice,  an  election  was  held  in  the  super- 
visors' room  at  the  court  house,  the  usual  place  of  holding  the  school  meeting  of 
the  district.  The  records  show  that  the  polls  were  opened  at  9  A.  M.  and  closed 
at  7  P.  M.  The  returns  were  canvassed  at  the  close  and  showed  that  there  were 
1,443  votes,  out  of  which  900  were  for  issuing  bonds  and  543  against  the  same. 
The  returns  were  signed  by  three  judges,  members  of  the  board,  and  by  two 
clerks,  one  of  whom  was  the  secretary  of  the  board. 

In  the  meantime  several  citizens  assembled  about  9  A.  M.  of  the  same  day  in 
the  court  room  of  the  same  building  and  organized  a  meeting  by  choosing*  Mr. 
McMillen  president  and  Lew  Shangle  as  secretary,  the  president  and  secretary 
of  the  board  not  being  present.  The  proposition  to  issue  $30,000  in  bonds  for  the 
purpose  set  forth  in  the  notice  was  defeated  by  a  rising  vote.  The  president  and 
secretary  were  instructed  to  furnish  a  copy  of  the  proceedings  of  the  meeting  to 
the  officers  of  the  board  of  directors.  The  meeting  then  adjourned  sine  die  at 
9:45  A.  M.  The  transcript  shows  that  this  meeting  was  in  session  less  than  forty- 
five  minutes,  and  that  some  of  the  voters  participating  in  its  proceedings  voted  at 
the  meeting  held  in  the  supervisors'  room. 

All  the  points  that  are  concerned  in  the  case  may  very  readily  be  condensed 
into  two  statements: 

1.  It  is  alleged  that  the  board  exceeded  its  jurisdiction  in  calling  a  special 
election  of  the  voters  to  vote  on  the  question  of  issuing  bonds,  as  no  schoolhouse 
has  been  destroyed  and  there  is  plenty  of  room  in  buildings  now  erected  to 
accommodate  all  the  pupils  attending  the  schools.  See  section  1807i. 

We  are  compelled  to  hold  that  the  questions  thus  raised  are  not  in  this  case. 
Section  1807i  was  evidently  intended  as  supplement  to  section  1807,  and  provides 
a  way  by  which  a  building  destroyed  by  fire  or  otherwise  may  be  replaced  at  the 
earliest  possible  moment.  We  do  not  believe  that  the  law  will  bear  the  construc- 
tion which  the  counsel  would  have  us  place  upon  it,  that  the  special  meeting 
mentioned  in  section  1822  can  only  be  called  under  the  circumstances  set  forth  in 
section  1807i. 

The  matter  of  school  accommodations  is  left  to  the  judgment  of  the  board  of 
directors.  The  law  supposes  that  these  men  are  elected  because  of  their  intelli- 
gence and  fitness  for  the  position,  and  that  while  they  will  carefully  see  to  it  that 
the  schools  under  their  care  do  not  suffer  for  anything  necessary  to  the  progress 
or  comfort  of  the  school,  they  will  not  impose  an  unnecessary  burden  upon  the 
taxpayers  of  the  district.  The  board  cannot,  however,  levy  a  tax  for  school- 
house  purposes  or  issue  bonds  to  erect  buildings,  unless  the  voters  of  the  inde- 
pendent district  have  first  voted  a  schoolhouse  tax  or  have  by  an  affirmative  vote 
directed  that  bonds  shall  be  issued.  Section  1822  is  evidently  intended  to  pro- 
vide a  way  by  which  the  directors  may  submit  to  the  people  of  the  independent 
district  at  any  time  the  question  of  issuing  bonds  for  the  purpose  of  providing 
suitable  school  accommodations  for  the  school  district.  To  put  any  other  con- 
struction upon  this  section  or  to  admit  that  an  action  under  it  is  subject  to  be 
arrested  by  the  long  and  tedious  process  of  appeal  is  to  wrest  from  the  board  the 
power,  by  a  legal  method,  to  consult  the  voters  upon  matters  intimately  con- 
nected with  the  welfare  of  their  dearest  interests. 

We  regard  the  construction  to  be  placed  upon  section  1822  of  the  gravest 
importance.  In  June,  1894,  we  submitted  to  Hon.  John  Y.  Stone,  then  attorney- 
general  of  the  state,  the  following  question. 


SCHOOL  LAW  DECISIONS.  77 

"Is  it  entirely  optional  with  a  board  whether  it  will  submit  the  question  of 
issuing  bonds?  That  is,  if  very  many  of  the  electors  desire  to  have  the  question 
of  issuing  bonds  voted  upon,  and  the  board  fails  to  call  a  special  meeting  of  the 
electors  for  that  purpose,  have  the  electors  any  remedy?" 

We  'quote  his  answer: 

"  In  regard  to  your  question,  I  will  say  that  I  am  inclined  to  think  that  the  mat- 
ter of  submitting  to  the  electors  of  the  district  a  proposition  to  issue  bonds  is  not 
entirely  optional  with  the  board  of  directors,  although  the  question  is  one  of 
great  nicety  and  difficulty.  The  words  of  section  1822  in  regard  to  the  submis- 
sion of  such  a  question  are  that  '  the  directors  of  any  independent  district  may 
submit  to  the  voters  of  their  district  at  the  annual  or  a  special  meeting,  the  ques- 
tion of  issuing  bonds  as  contemplated  by  the  preceding  section,'  etc.  In  matters 
where  the  public  or  an  individual  has  an  interest  where  a  statute  is  by  its 
terms  permissive,  the  courts  have  often  held  that  it  is  mandatory.  The  supreme 
court  of  the  United  States,  in  the  case  of  Supervisors  v.  United  States,  4  Wall,  446, 
says:  '  The  conclusion  to  be  deducted  from  the  authorities  is  that  where  power  is 
given  to  public  officers,  in  the  language  of  the  act  before  us,  or  in  equivalent 
language,  whenever  the  public  interest  or  individual  rights  call  for  its  exercise 
the  language  used,  though  permissive  in  form,  is  in  fact  peremptory.'  In  the  case 
you  mention  the  remedy  of  the  people  of  the  district  would  be  by  action  of  man- 
damus, and  I  am  inclined  to  think  that  in  a  case  where  it  would  clearly  appear  to 
the  court  that  the  interests  of  the  people  of  the  district  demanded  that  such  a 
proposition  be  submitted  and  that  a  large  proportion  of  the  people  of  the  district 
demanded  its  submission,  the  board  could  be  compelled  to  take  the  action  pro- 
vided for  in  section  1822. 

' '  This  conclusion  is  the  best  I  have  been  able  to  come  to  after  giving  the  ques- 
tion careful  consideration.  The  question  is  a  very  doubtful  one  and  very  difficult 
to  reach  a  satisfactory  conclusion  upon." 

It  will  be  seen  from  the  above  that  this  is  a  very  difficult  question  to  deter- 
mine. We  have  given  this  matter  careful  thought  and  consideration,  and  follow- 
ing the  line  of  thought  in  the  above  opinion,  we  cannot  reach  any  other  conclu- 
sion than  that  if  there  is  any  remedy  for  such  an  action  by  the  board  as  is  con- 
templated in  section  1822  it  must  be  found  in  the  courts  of  law  and  not  in  appeal 
to  the  county  superintendent. 

2.  The  county  superintendent  indicates  in  her  decision  that  she  has  some 
doubts  as  to  her  jurisdiction,  but  determines  to  hear  the  case  upon  the  supposi- 
tion that  it  comes  under  the  "matter  of  law  or  fact,"  section  1829,  S.  L.  1892. 
The  counsel  for  the  appellant  also  urges  this  point  very  strongly. 

It  must  be  evident  to  any  one  that  while  every  appeal  must  be  based  upon  an 
alleged  grievance  relating  to  some  matter  of  law  or  fact,  it  does  not  necessarily 
follow  that  every  matter  of  law  or  fact  can  be  reviewed  by  the  county  superin- 
tendent. Section  1836  provides  that  the  county  superintendent  cannot  render  a 
judgment  for  money.  This  has  for  years  been  construed  to  mean  that  no  appeal 
will  lie  when  the  validity  of  a  contract,  or  a  money  consideration  in  any  other 
form,  is  involved. 

The  supreme  court  has  held  in  several  cases  that  the  right  or  title  to  office 
will  be  determined  only  by  information  in  the  nature  of  a  quo  warranto  as  pro- 
vided by  sections  3345-3352,  code.  See  17  Iowa,  525,  and  22  Iowa,  75. 

In  this  case,  if  it  was  believed  that  the  board  acted  in  violation  of  law  in 
calling  the  meeting  to  vote  the  bonds,  or  afterward  in  proceeding  in  accordance 
with  the  vote,  the  remedy  of  any  one  so  aggrieved  was  certiorari.  This  would  be 
the  manner  of  proceeding  necessary  to  have  the  illegal  order  of  the  board  set 
aside,  See  55  Iowa,  215. 

In  1880  Hon.  C.  W.  von  Coelln,  then  superintendent  of  public  instruction,  in  the 
preface  to  the  school  law  decisions,  instructs  county  superintendents  as  follows: 

4i  Since  Section    1835.    OOCle.    ma.kfiS  t,hp.  rlppisinn    nf     t.Viie  Honavt.rnonf   final      anr\     CM««Q 


78  SCHOOL  LAW   DECISIONS. 

sections  3345-3352  provide  for  a  writ  in  the  nature  of  a  quo  warranto  to  determine 
the  right  or  title  to  office  or  the  right  of  a  corporation  to  exist,  county  superin- 
tendents should  refuse  to  entertain  any  appeal  which  is  prosecuted  to  determine 
either  of  these  points." 

In  matters  pertaining  to  the  validity  of  district  organization,  this  department 
has  always  held  that  the  county  superintendent  has  no  jurisdiction,  and  in  this 
we  are  upheld  by  the  decisions  of  the  supreme  court.  See  34  Iowa,  306,  and  29- 
Iowa,  264. 

These  points  are  very  fully  argued  in  the  case  of  David  Ockerman  v.  District 
Township  of  Hamilton,  page  56,  S.  L.  Dec.  1876,  and  in  the  case  of  JVV  T.  Bowen 
v.  District  Township  of  Lafayette,  page  124,  S.  L.  Dec.  1876  We  can  see  no  good 
reason  for  departing  from  this  long  line  of  precedents,  which  have  been  uniformly 
followed  by  this  department  for  many  years. 

Following  the  same  line  of  reasoning  as  in  the  case  quoted  above,  and  which 
has  been  acquiesced  in  by  each  of  our  predecessors  in  turn,  we  come  to  the  con- 
clusion that  in  the  case  at  bar  the  county  superintendent  did  not  have  jurisdic- 
tion. She  should  have  dismissed  the  case.  We  come  to  this  decision  the  more 
reluctantly  because  we  know  that  she  endeavored  to  do  her  duty  fearlessly  and 
honestly. 

The  legality  of  this  election  involves  the  validity  of  the  bonds  voted  at  that 
time,  a  question  too  weighty  to  be  attacked  by  indirect  or  collateral  proceedings. 
It  may  be  said  here  that  our  county  superintendents,  while  fitted  for  their- 
especial  work,  are  not  supposed  to  be  learned  in  the  law,  or  at  home  in  determin- 
ing legal  questions. 

If  we  were  to  hold  that  in  hearing  appeals  any  and  every  grievance  in  law  or- 
fact  could  be  reviewed  by  county  superintendents,  we  should  burden  them  with  a, 
vast  amount  of  labor  not  hitherto  belonging  to  the  office,  and  to  that  extent 
impair  their  usefulness.  Such  labor  would  be  unproductive,  as  most  cases,  even 
then,  would  find  their  way  to  the  courts  for  ultimate  settlement.  The  law  pro- 
vides a  better  and  more  satisfactory  way  by  which  such  cases  can  be  determined. 

REVERSED  AND  DISMISSED. 
HENRY  SABIN, 

October  3,  1896.  Superintendent  of  Public  Instruction. 

CHARLES  AND  ANNA  HELMS  v.  INDEPENDENT  DISTRICT  OF  ]\IADRID. 
Appeal  from  Boone  County. 

BOARD  OF  DIRECTORS.    To  warrant  reversing  a  discretionary  act,  the  evidence 
must  be  conclusive  that  the  large  discretion  of  the  board  has  been  abused. 
RESIDENCE.     The  board  may  adopt  any  course  it  sees  fit,  and  make  a  decision 
from  any  fair  and  impartial  method  of  obtaining  information  bearing  upon  the 
question  of  residence. 

SCHOOL  PRIVILEGES.  The  board  has  authority  to  determine  when  and  upon  what 
terms  non-residents  may  attend  school. 

The  affidavit  in  this  case  sets  forth  that  the  appellants  are  aggrieved  in  that 
they  are  deprived  of  school  privileges  in  the  independent  district  of  Madrid,  by 
vote  of  the  board,  except  upon  the  payment  of  tuition.  It  is  agreed  that  they  are 
the  minor  children  of  parents  who  reside  outside  the  limits  of  said  independent 
district.  The  case  turns  entirely  upon  the  actual  residence  of  said  Charles  and 
Anna  Helms.  This  was  the  question  which  the  board  had  before  it  for  deter- 
mination. 

The  attorney-general  has  decided  that  the  board  may  adopt  any  course  it  sees 
fit  and  make  a  decision  from  any  fair  and  impartial  method  of  obtaining-  informa- 
tion bearing  upon  the  point  at  issue,  provided  it  acts  in  good  faith  with  a  view  of 
getting  the  exact  truth  and  of  making-  its  decision  according  to  the  very  right  of 
the  matter. 


SCHOOL  LAW  DECISIONS.  79 

In  the  case  at  bar  the  board  acted  with  great  deliberation.  There  is  no  evi- 
dence that  it  was  prejudiced,  or  actuated  by  wrong  motives.  Neither  did  it  in 
any  way  violate  the  law.  It  is  evidently  honest  in  its  decision  that  the  appellants 
are  sojourning  in  the  district  temporarily  for  school  purposes  only,  their  actual 
residence  being  elsewhere. 

The  board  is  presumed  to  be  acquainted  with  all  the  facts  in  the  case.  We 
can  find  no  reason  which  would  have  justified  the  county  superintendent  in  disturb- 
ing its  action.  The  decision  of  the  county  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

December  24,  1896.  Superintendent  of  Public  Instruction. 


LETHA  JACKSON  v.  INDEPENDENT  DISTRICT  OF  STEAMBOAT  ROCK. 
Appeal  from  Hardin  County. 

TEACHER.    Full  opportunity  must  be  afforded  the  teacher  to  make  defense  against 

charges. 

BOARD  OF  DIRECTORS.    Is  required  by  the  law  to  visit  the  school  and  to  aid  and 

sustain  the  teacher  in  maintaining  order  and  discipline. 

TEACHER.     Should  not  employ  unsuitable  and  unusual  methods  of  punishment. 

On  the  28th  day  of  November,  1896,  the  board  voted  to  discharge  from  its 
employ,  Miss  Letha  Jackson,  the  teacher  in  the  intermediate  room  of  its  school. 
The  reason,  as  spread  upon  the  record,  is  that  she  inflicted  inhuman  and  cruel 
punishment  upon  her  pupils,  especially  upon  Minnie  Platts.  An  appeal  was  taken 
to  the  county  superintendent  who  reversed  the  order  of  the  board.  Appeal  was 
then  taken  to  the  superintendent  of  public  instruction. 

There  is  no  doubt  from  the  testimony  sent  up  with  the  transcript  that  Minnie 
Platts  was  insolent  and  disobedient,  and  also  that  the  teacher  failed  to  control 
herself,  and  that  they  engaged  in  an  unseemly  squabble  in  the  presence  of  the 
school.  It  is  also  evident  that  the  teacher  was  accustomed  to  use  methods  of  pun- 
ishment which  are,  at  the  best,  not  customary  in  well  disciplined  schools.  Much 
of  the  testimony  is  conflicting,  and  that  part  of  it  relating  to  matters  which 
occurred  under  a  previous  contract  cannot  be  allowed  to  have  any  weight  in 
determining  this  case. 

The  contract,  as  placed  in  evidence,  specifies  that  the  teacher  shall  not  make 
use  of  any  cruel  or  unusual  punishment  in  the  discipline  of  the  school.  Whether 
she  violated  the  contract  in  this  respect  is  a  matter  to  be  determined  by  the 
board,  and  in  doing  so  it  may  avail  itself  of  any  sources  of  reliable  information 
within  its  power.  The  notice  sent  to  the  teacher,  November  23,  1896,  charges  as 
follows,  "for  inhuman  and  unjustifiable  punishment  of  pupils  by  pinching,  pulling 
their  ears,  pulling  their  hair,  and  pounding  their  heads  and  faces  with  your  fists, 
and  pounding  their  heads  on  the  wall,  floor,  and  seats  of  the  schoolroom  with 
your  fists."  November  28  sho  was  notified  by  the  secretary  that  she  was  dis- 
missed from  the  school.  At  a  meeting  of  the  board  held  November  27,  the  pres- 
ident appointed  the  entire  board  an  investigating  committee.  It  appears  that  it 
carried  on  its  investigation  by  questioning  the  pupils  in  Miss  Jackson's  room, 
and  that  its  vote  to  dismiss  her  was  based  entirely  upon  information  obtained  in 
this  way,  as  appears  in  the  records  of  November  27.  This  method  placed  the 
teacher  at  an  immense  disadvantage.  It  would  at  least  have  been  just  to  have 
examined  these  pupils  in  her  presence,  and  that  she  should  have  been  allowed  to 
correct  their  misstatements,  if  any,  and  to  give  the  investigating  committee  her 
•~»wn  account  of  the  matter.  We  cannot  consider  this  an  impartial  method  of  con- 
ducting an  investigation  against  a  teacher.  Justice  would  seem  to  demand  thah 
she  should  have  been  furnished  a  copy  of  the  findings  of  this  committee,  and 
should  have  been  given  a  reasonable  time  in  which  to  prepare  her  defense.  The 


30  SCHOOL  LAW   DEClSlOJNb. 

board  places  on  file  the  unanimous  report  of  this  investigating  committee  recom- 
mending that  the  teacher  be  discharged.  It,  in  effect,  finds  her  guilty  and  asks 
her  to  show  cause  why  sentence  should  not  be  pronounced. 

Now,  as  to  Miss  Jackson's  failure  to  appear  before  the  board.  Her  physician 
sent  a  certificate  to  be  read  at  the  first  meeting,  stating  that  she  was  not  able  to 
attend  on  account  of  sickness.  At  the  same  meeting  her  attorney,  Mr.  Albrook, 
in  a  letter,  asks  that  the  board  appoint  Monday  afternoon  as  a  time  for  hearing 
the  case.  It  appears  to  have  been  a  reasonable  request  and  should  have  been 
granted  in  justice  to  all  parties.  That  Miss  Jackson  sent  her  statement  denying 
the  charges  and  averring  that  she,  by  her  conduct,  had  given  the  board  no  occa- 
sion to  investigate,  furnishes  an  additional  reason  and  a  very  strong  one  why  she 
should  have  been  given  the  opportunity  to  be  heard  by  counsel  of  her  own  choos- 
ing. We  do  not  think  that  the  board  intended  by  an  early  adjournment  to  shut 
her  counsel  out  Saturday  night,  but  it  ought  to  have  shown  an  anxiety  to  have 
him  present  if  possible,  in  order  that  it  might  ascertain  the  very  right  and  justice 
of  all  parties  in  the  case.  Miss  Jackson  could  very  justly  plead  that  her  pres- 
ence would  avail  nothing  after  the  board  had  before  it  a  report  signed  by  every 
member  of  that  tribunal,  saying  that  she  ought  to  be  dismissed  from  her  school. 
The  board  seems  also  to  have  forgotten  that  the  law  makes  it  its  duty  to  visit  the 
school  and  to  aid  and  sustain  the  teacher  in  her  efforts  to  maintain  order  and  dis- 
cipline. It  has  duties  on  the  side  of  the  teacher  as  well  as  on  that  of  the  pupils 
or  the  community  at  large. 

We  do  not  wish  to  be  understood  as  upholding  a  teacher  in  the  methods  of 
punishment  which  appear  in  this  case.  To  pull  the  hair  or  the  ears  of  pupils,  or 
so  strike  them  with  the  fists,  are  relics  of  another  age  of  school  government,  and 
cannot  be  justified  to-day.  We  only  reach  the  conclusion  that  the  teacher  did  not 
have  that  fair  and  impartial  trial  before  the  board  that  is  contemplated  in  the 
law.  Therefore  the  decision  of  the  county  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

April  7,  1897.  Superintendent  of  Public  Instruction. 


R.  ODENDAHL  ET  AL.  v.  DISTRICT  TOWNSHIP  OF  GRANT. 
Appeal  from  Carroll  County. 

APPEAL.    Will  not  lie  from  joint  action  of  boards  making  settlement  of  assets 
and  liabilities. 

COUNTY  SUPERINTENDENT.    Should  dismiss  an  appeal  as  soon  as  it  becomes  cer- 
tain that  the  leading  issue  may  be  heard  and  decided  only  by  a  court  of  law. 
JURISDICTION.     It  is  very  undesirable  to  bring  matters  involving  a  money  con- 
sideration before  the  county  superintendent  on  appeal. 

Certain  territory  in  the  civil  township  of  Grant  and  part  of  the  independent 
district  of  Carroll  was  restored  to  the  district  township  of  Grant.  A  settlement 
of  assets  and  liabilities  between  the  two  districts  necessarily  followed.  Robert 
Odendahl  and  others  were  aggrieved  with  the  conclusions  reached  by  the  two 
boards,  and  took  an  appeal  to  the  county  superintendent,  who  reviewed  the  ques- 
tions presented  to  him,  finding  in  effect  as  to  the  time  when  the  territory  did 
actually  become  a  part  of  the  district  township  of  Grant,  as  to  the  disposition  of 
taxes  during  a  period  when  the  control  of  such  territory  was  in  controversy,  and 
also  whether  the  agreement  entered  into  by  the  boards  should  be  changed  by  him. 

The  first  question  we  are  required  to  consider  is  whether  the  county  superin- 
tendent had  jurisdiction  to  hear  the  case.  If  we  find  that  he  did  not  have  juris- 
diction, it  will  of  course  be  impossible  for  us  to  review  the  questions  he  deter- 
mined, and  we  shall  be  compelled  to  dismiss  the  case  for  want  of  jurisdiction. 

It  has  been  the  uniform  opinion  of  this  department  that  appeal  will  not  lie  from 
the  joint  action  of  boards  in  making  the  settlement  of  assets  and  liabilities  required 


SCHOOL,  LAWS  DECISIONS.  81 

by  section  1715,  but  that  the  only  remedy,  if  the  law  affords  relief,  would  be  an 
action  in  court  to  protect  the  rights  of  the  persons  complaining.  In  order  that 
the  matter  might  be  more  authoritatively  determined,  so  that  this  case  may  be  a 
guide  to  school  officers,  we  submitted  an  inquiry  to  the  attorney-general,  and 
quote  briefly  from  his  reply: 

"Your  favor  came  duly  to  hand,  requesting  my  opinion  upon  the  following 
question: 

When  two  boards  have  made  a  division  of  assets  and  liabilities,  under  section 
1715  of  the  code,  will  a  person  claiming  the  settlement  to  be  inequitable  and 
insufficient  as  to  the  amount  agreed  upon  have  the  right  to  appeal  to  the  county 
superintendent  from  such  agreement;  that  is,  from  such  joint  action  of  the  boards 
taken  as  provided  in  section  1715,  will  an  appeal  lie? 

"The  section  in  question  provides  that  the  respective  boards  shall  make  an 
equitable  division  of  the  then  existing  assets  and  liabilities  between  the  old  and 
the  new  districts;  it  also  provides  that  in  case  of  the  failure  to  agree  the  matter 
may  be  decided  by  arbitrators  chosen  by  the  parties  in  interest.  It  has  been  held 
by  our  supreme  court  that  under  this  section  the  boards  of  directors  become  a 
special  tribunal  for  the  determination  of  the  respective  rights  of  the  parties.  And 
it  is  held  that  this  tribunal  thus  constituted  has  exclusive  jurisdiction.  The 
action  of  the  special  tribunal,  consisting  of  the  several  boards  of  directors,  is  not 
the  action  or  order  of  a  board  of  directors,  but  an  order  of  a  special  court  for  the 
determination  of  the  rights  of  the  several  new  districts  with  reference  to  the 
assets  and  liabilities  of  the  old  district  of  which  they  formed  a  part.  The  statute 
does  not  give  an  appeal  from  such  tribunal.  My  conclusion  is  that  a  right  of 
appeal  does  not  exist  and  a  person  claiming  the  settlement  to  be  inequitable  has 
no  right  of  appeal  to  the  county  superintendent." 

The  opinion  of  the  attorney-general  is  decisive  of  this  case.  We  think  there 
are  many  added  reasons  why  questions  of  this  kind  should  not  be  heard  on  appeal 
before  the  county  superintendent.  That  officer  should  not  be  compelled  to  review 
matters  involving  the  jurisdiction  over  territory,  the  disposition  of  taxes,  or  the 
right  and  justice  of  a  finding  of  boards  upon  a  settlement  of  assets  and  liabilities. 
But  these  a  court  may  very  properly  do,  as  its  jurisdiction  for  such  purposes  is 
not  questioned,  and  the  precedents  for  the  control  of  the  courts  over  this  class  of 
cases  are  well  established.  It  is  very  undesirable  to  attempt  to  bring  matters 
involving  a  money  consideration  before  the  county  superintendent  on  appeal.  As 
soon  as  it  becomes  clearly  apparent  that  the  principal  issue  is  of  a  kind  intended 
by  our  statutes  to  be  heard  and  determined  only  by  the  courts  of  law,  the  appeal 
should  be. dismissed.  In  this  case  it  was  the  duty  of  the  boards  interested  to  make 
a  proper  settlement.  If  fraud  or  other  irregularity  was  urged,  perhaps  a  court 
would  afford  relief  to  a  complainant,  but  an  appeal  to  the  county  superintendent 
-would  not  become  a  remedy. 

We  are  compelled  to  remand  this  case  to  the  county  superintendent  with 
instructions  to  dismiss  the  case  for  lack  of  jurisdiction.  DISMISSED. 

HENRY  SABIN, 

June  16,  1897.  Superintendent  of  Public  Instruction. 


82  INDEX  TO   APPEAL  CASES 


INDEX   TO   APPEAL   CASES. 


PAGX. 

ADDITIONAL  SCHOOL.  It  is  the  intention  of  section  1725  (Code,  section  2774) 
that  an  attendance  of  at  least  ten  scholars  may  reasonably  be  expected ....  34 

AFFIDAVIT.  An  affidavit  is  a  statement  in  writing  of  the  errors  complained 
of,  signed  and  made  upon  oath  before  an  authorized  magistrate 5 

The  affidavit  answers  its  leading  purpose  if  it  sets  forth  the  errors  com- 
plained of  with  such  clearness  that  the  proper  transcript  may  be  secured . .  6- 

A  technical  error  in  the  affidavit  not  prejudicial  to  either  party  will  not 
defeat  the  appeal 52 

The  affidavit  may  be  amended  when  such  action  is  not  prejudicial  to  the 
rights  of  any  one  interested 52,  71 

Must  be  accepted  if  sufficient  to  give  the  appellant  a  standing 71 

APPEAL.  An  appeal  may  be  taken  from  the  refusal  of  the  county  superin- 
tendent to  investigate  charges  brought  against  a  teacher 12 

A  case  whose  main  purpose  is  to  determine  the  validity  of  an  order  on  the  dis- 
trict treasury,  or  the  equity  of  a  claim,  cannot  be  entertained  on  appeal  to 
the  county  superintendent ; . .  13 

Appeal  may  not  be  taken  from  an  action  or  order  complying  with  the  terms 
of  a  contract  previously  made,  nor  from  an  action  authorizing  the  issuance 
of  an  order  in  payment  of  a  debt  contracted  by  previous  action  of  the  board .  13- 

The  execution  by  the  board  of  the  vote  of  the  electors  upon  matters  within 
their  control,  is  mandatory,  from  such  action  of  the  board  no  appeal  can  be 
taken.  If  such  action  is  tainted  with  fraud,  an  application  to  a  court  of 
law  is  the  proper  remedy 17 

The  right  of  appeal  is  confined  to  persons  injuriously  affected  by  the  decision 
or  order  complained  of.  Ordinarily  a  person  living  in  one  subdistrict  can- 
not appeal  from  an  action  of  the  board  locating  a  site  in  another 18 

The  adoption  of  the  committee's  report  in  favor  of  retaining  the  old  school- 
house  site,  is  an  action  from  which  appeal  may  be  taken 19- 

The  action  of  two  boards  upon  a  subject  over  which  they  have  divided  control 
constitutes  a  concurrent  action,  and  appeal  may  be  taken  only  from  the 
order  of  the  board  taking  action  last 27 

May  be  taken  by  any  resident  aggrieved  by  an  action  of  the  board 28 

Failure  to  file  the  transcript  within  the  time  mentioned  in  the  law  will  not 
invalidate  the  appeal , 34 

The  hearing  is  not  to  be  conducted  by  a  rigid  adherence  to  the  technical  forms 
and  customs  which  prevail  in  the  courts 40 

An  appellate  tribunal  may  not  assume  original  jurisdiction.  The  order  of 
the  board  must  be  affirmed  unless  it  is  proved  beyond  doubt  that  a  reversal 
is  necessary . 41 

An  appeal  will  lie  to  determine  conclusively  whether  the  provisions  of  the 
law  have  been  complied  with 44 

Will  not  lie  to  control  the  action  of  a  board  or  of  the  county  superintend- 
ent, where  concurrence  is  provided  for 44 

A  decision  may  be  modified  upon  proof  that  a  change  in  its  terms  is  des  Able .     < 

An  appeal  will  not  lie  from  an  order  of  a  board  initiating  a  change  in  boun*i 
aries,  where  the  concurrence  of  the  board  of  an  adjoining  district  is  neces- 
sary to  effect  the  change 4fr 

Where  changes  are  effected  in  district  boundaries  by  the  concurrent  action 
of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board  concurring, 
or  refusing  to  concur,  but  not  from  the  order  of  the  board  taking  action  first .  46,  57 

It  is  not  intended  that  the  superintendent  of  public  instruction  shall  hear  an 
appeal  case  de  novo.  He  is  confined  to  the  record  of  the  case  as  heard  before 
the  county  superintendent 5O 


INDEX  TO   APPEAL  CASES.  83 

PAGE. 

It  is  not  the  purpose  of  an  appeal  to  secure  a  decision  as  to  which  of  two  sites 
is  preferable,  or  as  to  whether  a  better  site  might  not  have  been  found.  If 
the  site  chosen  is  proved  to  be  unsuitable,  or  an  abuse  of  discretionary 
power  is  clearly  shown,  then  the  order  of  the  board  may  be  set  aside,  but 
not  otherwise 50 

May  be  taken  from  the  action  of  the  board  in  laying  the  subject-matter  of  a 
petition  on  the  table 68 

Will  lie  from  an  action  of  the  board  which  is  made  a  matter  of  record 68 

Mere  technical  objections  should  not  prevent  the  fullest  presentation  of  the 
merits  of  the  case,  in  the  trial  of  an  appeal  71 

Will  not  lie  from  neglect  or  failure  to  act.  There  must  be  a  recorded  action 
in  the  matter  complained  of 73 

Will  not  lie  from  joint  action  of  boards  making  settlement  of  assets  and  lia- 
bilities   80 

ATTENDANCE.  An  actual  resident  may  not  be  denied  equal  school  advan- 
tages with  other  residents . . . .  67 

BOARD  OP  DIRECTORS.  The  board  shall  be  sustained  in  all  legitimate  and 
reasonable  measures  to  maintain  order  and  discipline,  to  uphold  the  right- 
ful authority  of  the  teacher,  and  to  prevent  or  suppress  insubordination  in 
the  school 15 

If  in  the  selection  of  a  site  the  board  violates  law  or  abuses  its  discretionary 
power,  its  action  may  be  reversed  on  appeal 17 

The  board,  though  not  bound  by  a  vote  of  the  electors  directing  the  precise 
location  of  a  schoolhouse  site,  is  required  to  so  locate  it  as  to  accommodate 
the  people  for  whom  it  is  designed 17 

The  action  of  the  board  cannot  be  reversed  upon  the  allegations  of  appellant 
without  proof,  or  by  reason  of  failure  to  make  defense 18,  19 

The  acts  of  the  board  are  presumed  to  be  regular,  legal,  and  just,  and  should 
be  affirmed  unless  proof  is  brought  to  show  the  contrary 18,  19 

The  acts  of  the  board  must  be  presumed  to  be  regular,  and  should  be  affirmed 
unless  positive  proof  is  brought  to  show  the  contrary 21 

After  such  a  decision  as  prevents  any  action  of  the  board  until  some  material 
change  occurs,  in  order  that  the  board  may  act  anew  changes  of  such  a 
character  as  to  obviate  to  a  large  extent  the  objections  that  previously 
existed,  must  have  taken  place 48 

The  board  must  endeavor  to  determine  the  actual  intention  of  the  electors, 
and  to  carry  out  their  expressed  wishes 55 

Its  action  is  presumed  to  be  correct  and  for  the  interest  of  the  district,  until 
proved  to  be  otherwise 60 

Has  full  power  to  provide  and  enforce  a  course  of  study 64 

May  adopt  its  own  course  to  decide  the  question  of  actual  residence 67 

In  locating  a  site  the  board  acts  wisely  in  taking  into  consideration  the  pre- 
vailing sentiment  of  the  people 68 

In  exercising  its  power  in  a  semi-judicial  capacity,  the  board  should  be  able 
to  show  the  very  best  reasons  for  its  conclusions 73 

It  is  the  first  duty  of  a  board  to  co-operate  with  and  assist  the  teacher  in  the 
conduct  of  the  school 73 

To  warrant  reversing  a  discretionary  act,  the  evidence  must  be  conclusive 
that  the  large  discretion  of  the  board  has  been  abused 78 

Is  required  by  the  law  to  visit  the  school  and  to  aid  and  sustain  the  teacher 
in  maintaining  order  and  discipline 79 

BONDS.  If  a  large  portion  of  the  people  desire  to  vote  upon  issuing  bonds, 
the  board  should  submit  such  a  proposition 75 

BOUNDARIES.     Must  conform  to  congressional  divisions  of  land 28 

Of  subdistricts,  changed  between  September  and  March 29 

In  the  determination  of  district  and  subdistrict  boundaries,  temporary  expend- 
itures and  individual  convenience  should  be  subordinated  to  the  more 
important  considerations  relating  to  simplicity  of  outline,  compactness  of 
shape,  uniformity  of  size,  and  permanence  of  sites  and  boundaries 53 

CERTIFICATE.  The  county  superintendent  may  refuse  to  entertain  a  petition 
for  the  revocation  of  a  teacher's  certificate. .  12 


84  INDEX  TO  APPEAL  CASES. 

PAGE. 

The  county  superintendent  is  charged  with  the  responsibility  of  refusing  to 
issue  a  certificate  to  any  person  unless  fully  satisfied  that  the  applicant  pos- 
sesses the  essential  qualifications  demanded  of  teachers  by  the  law 42 

The  county  superintendent  is  his  own  judge  as  to  how  fully  he  will  give  the 
applicant  reasons  for  the  refusal  of  a  certificate 42 

The  decision  of  a  county  superintendent  refusing  a  certificate  will  not  be  inter- 
fered with  on  appeal  unless  it  appears  that  he  acted  from  passion  or  preju- 
dice    42 

CERTIORARI.  A  fraudulent  or  illegal  action  may  be  corrected  by  application 
to  a  court  for  a  writ  of  certiorari 17 

The  best  remedy  of  anyone  believing  that  the  law  has  been  violated,  is  appli-    . 
cation  to  a  court  for  relief 75 

CHARGES.    Must  be  clearly  sustained  by  the  evidence 30 

CLAIMS.    Just  claims  against  the  district  can  be  enforced  only  in  the  courts.     11 

CONTESTED  ELECTION.  The  proper  method  of  determining  a  contested  elec- 
tion for  school  director  is  by  an  action  brought  in  the  district  court 8 

CONTRACT.  It  is  the  province  of  the  courts  of  law  to  decide  as  to  the  validity 
of  a  contract 66 

CONTRACTS.  Made  by  a  committee  require  the  approval  of  the  board  in  ses- 
sion    11 

COUNTY  SUPERINTENDENT.  Has  no  jurisdiction  of  an  appeal  until  an  affi- 
davit is  filed  in  his  office.  The  appeal  must  be  taken  by  affidavit 6 

The  weight  that  properly  attaches  to  the  discretionary  actions  of  a  tribunal 
vested  with  original  jurisdiction,  does  not  apply  to  the  decisions  of  an 
•inferior  appellate  tribunal 19 

May  make  a  conditional  ruling,  by  which  his  own  decision  will  be  governed.     23 

The  county  superintendent  is  not  limited  to  a  reversal  or  affirmance  of  the 
action  of  the  board,  but  he  determines  the  same  questions  which  it  had 
determined 23 

A  county  superintendent  should  not  ask  the  state  superintendent  to  decide  a 
case  on  appeal  for  him,  but  may  ask  for  an  interpretation  of  law,  either  by 
the  state  superintendent,  or  through  him,  by  the  attorney-general 27 

Examines  critically  the  testimony,  to  determine  whether  any  good  reason  is 
found  requiring  a  reversal  of  the  order  of  the  board 65 

To  warrant  setting  aside  the  order  of  a  board,  its  error  must  appear  plainly..     65 

Does  not  have  the  power  to  interpret  the  legal  value  of  a  contract 66 

Should  reverse  the  action  of  the  board  only  upon  the  clearest  and  most 
explicit  proof  of  abuse  of  discretion 68 

Unless  a  marked  abuse  of  discretionary  power  is  clearly  and  conclusively 
proved,  his  action  in  refusing  or  revoking  a  certificate  will  not  be  inter- 
fered with  on  appeal 70 

On  appeal  may  do  no  more  than  the  board  might  have  done 74 

Should  dismiss  an  appeal  as  soon  as  it  becomes  certain  that  the  leading  issue 
may  be  heard  and  decided  only  by  a  court  of  law 80 

DISCRETIONARY  ACTS.  Should  not  be  disturbed  except  upon  evidence  of 
unjust  exercise  of  discretion 5 

The  decision  of  the  authority  having  original  jurisdiction  is  entitled  to  much 
consideration 12 

Suggestions  from  the  electors  upon  matters  entirely  within  the  control  of  the 
board  will  in  no  manner  prevent  the  fullest  exercise  of  the  discretion  vested 
in  the  board  by  the  law 25 

Abuse  of  discretion  is  not  established  by  testimony  showing  that  a  different 
action  would  have  been  preferred  by  the  electors 29 

Action  by  the  board  unduly  delaying  the  final  consideration  of  an  important 
matter,  may  be  regarded  as  an  evidence  of  prejudice 35 

In  the  exercise  of  discretion,  the  benefit  of  every  reasonable  doubt  must  be 
given  in  favor  of  the  correctness  of  official  acts 40 

May  not  be  reversed  unless  the  proof  is  conclusive.  The  board  must  bear  any 
blame  that  may  attach  to  an  inexpedient  action 41 


INDEX  TO   APPEAL  CASES.  85 

PAGE. 

The  county  superintendent,  having  only  appellate  jurisdiction,  should  not 
reverse  discretionary  acts  of  the  board  without  explicit  and  clearly  stated 
proof  of  the  abuse  of  such  discretion,  even  though  not  fully  approving  its 
action 41 

Unless  a  marked  violation  of  the  large  discretion  vested  in  the  county  super- 
intendent is  proved  clearly  and  conclusively,  his  action  in  refusing  or 
revoking  a  certificate  will  not  be  interfered  with  on  appeal 42 

Since  the  board  has  original  jurisdiction,  its  discretionary  acts  should  not  be 
interfered  with  by  an  appellate  tribunal  although  not  agreeing  with  its 
judgment,  umess  the  board  violated  law,  showed  prejudice  or  malice,  or 
abused  its  discretion  in  such  manner  as  to  require  interference 50 

The  appellate  tribunal  is  required  to  decide  only  whether  the  action  com- 
plained of  in  the  affidavit  of  appeal  is  proved  to  be  of  such  a  nature  as  to 
compel  a  reversal  of  such  action 50 

In  the  absence  of  proof  that  the  board  has  abused  the  authority  given  it  by 
the  law,  its  orders  will  uot  be  set  aside,  although  another  decision  might 
to  many  seem  preferable 56 

It  is  not  the  province  of  an  appeal  to  discover  and  to  correct  a  slight  mistake. 
The  board  alone  must  bear  any  blame  that  may  attach  to  a  choice  deemed 
by  appellants  somewhat  undesirable,  but  not  an  unwise  selection  to  such  a 
degree  as  to  indicate  an  abuse  of  the  discretion  ordinarily  exercised 56 

To  warrant  interference  with  a  discretionary  act,  abuse  of  discretion  must  be 
proved  beyond  a  reasonable  doubt 56 

In  the  determination  of  appeals,  the  weight  which  properly  attaches  to  the 
discretionary  actions  of  a  tribunal  vested  with  original  jurisdiction  should 
not  be  overlooked 60 

The  fact  that  some  other  action  would  have  been  desirable  or  preferable  does 
not  establish  that  the  board  abused  its  discretion 60 

The  order  complained  of  is  reviewed  not  to  discover  the  desirability  of  the 
action,  but  to  determine  whether  sound  reason  and  wise  discretion  were 
followed 60 

The  order  of  a  board  should  be  reversed  only  upon  the  plain  showing  that 
the  law  has  been  violated  or  discretion  grossly  abused 64 

An  appellate  tribunal  is  not  to  decide  mainly  whether  the  action  complained 
of  was  wise,  or  the  best  that  might  have  been  taken,  but  simply  whether  a 
reversal  is  required  by  the  evidence 72 

DISTRICT  ORGANIZATION.  The  county  superintendent  has  no  jurisdiction  to 
determine  the  validity  of  district  organization 29 

ELECTION.  The  certificate  of  the  officers  of  the  subdistrict  meeting  is  the 
legal  evidence  of  election  as  subdirector,  and  as  a  general  rule  a  board  of 
directors  is  justified  in  declining  to  recognize  a  person  as  a  member  of  the 
board  until  he  produces  such  certificate.^ 8 

EVIDENCE.  Where  the  law  requires  the  evidence  of  a  transaction  to  be  in 
writing,  oral  evidence  can  be  substituted  only  if  the  writing  cannot  be  pro- 
duced    8 

To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive  testimony 
must  be  introduced,  and  the  evidence  must  be  conclusive 27 

EXPLANATORY  NOTES.  Notes  to  the  school  law,  while  proper  aids  to  school 
officers,  have  not  the  binding  force  of  law,  and  a  noncompliance  with  them 
is  not  necessarily  a  violation  of  law 24 

HIGHWAY.  If  possible,  every  schoolhouse  site  should  be  upon  a  public  high- 
way   23 

INDEPENDENT  DISTRICT.  The  boundaries  outside  the  town  plat  depending 
upon  the  petition  of  the  electors,  such  boundaries  may  not  be  fixed  until 
petitioned  for 74 

INJUNCTION.  The  execution  of  a  fraudulent  vote  of  the  electors  may  be  pre- 
vented by  a  writ  from  a  court  of  law 13 

JANITORIAL  SERVICES.  If  a  teacher  serves  as  janitor  in  sweeping  the  room 
and  building  fires,  he  should  be  paid  from  the  contingent  fund  for  such 
services 26 

JURISDICTION.  An  application  for  an  appeal  filed  within  thirty  days  from 
thje  act  complained  of  will  not  give  the  county  superintendent  jurisdiction 
of  the  case  . .  5 


86  INDEX  TO  APPEAL  CASES. 

PAGE. 

The  county  superintendent  does  not  have  jurisdiction  of  cases  involving1  a 
money  demand 10 

The  county  superintendent  has  jurisdiction  only  of  the  matter  to  which  the       ' 
appeal  relates 18 

An  appeal  will  not  lie  to  enforce  a  contract 26 

A  former  order  of  the  board,  or  a  decision  of  the  county  superintendent  on 
appeal,  will  not  operate  to  prevent  the  board  from  exercising  its  discretion 
anew,  when  good  reasons  exist  for  such  action 40 

In  most  matters  with  which  boards  have  to  do  under  the  law,  their  authority 
and  responsibility  are  absolute,  and  their  jurisdiction  is  complete  and 
exclusive 40 

The  jurisdiction  of  an  appellate  tribunal  is  not  greater  than  that  of  the  board 
from  whose  action  the  appeal  is  taken 46 

When  its  order  is  affirmed,  the  board  is  left  free  to  take  another  action,  if 
thought  best 56 

In  change  of  boundaries  by  two  boards,  an  appellate  tribunal  acquires  only 
the  same  power  possessed  by  the  board  from  whose  action  appeal  is  taken, 
and  may  do  no  more  than  to  affirm  the  order,  or  to  reverse  and  do  what 
the  board  refused  to  do 57 

It  is  very  undesirable  to  bring  matters  involving  a  money  consideration 
before  the  county  superintendent  on  appeal 80 

MAJORITY  VOTE.   Of  whole  board  required  to  change  subdistrict  boundaries.     29 

MANDAMUS.   Is  a  remedy  if  the  board  refuses  to  carry  out  a  vote  of  the  electors    11 

Is  the  method  of  compelling  the  performance  of  an  official  duty  mandatory  in 
its  character I 34 

To  compel  the  performance  of  an  official  duty,  appeal  sometimes  consumes 
valuable  time.  Mandamus  is  often  a  more  speedy  and  better  remedy 35 

To  compel  the  performance  of  an  official  duty  not  involving,  the  exercise  of 
discretion,  a  writ  of  mandamus  is  a  speedy  remedy 51 

The  surest  method  to  secure  the  performance  of  a  mandatory  duty  is  applica- 
tion to  a  court  for  a  writ  of  mandamus 55 

NEW  TRIAL.  To  warrant  another  trial,  material  reasons  must  appear,  to 
prove  that  a  second  hearing  is  desirable 58 

NOTICE.  The  county  superintendent  should  not  issue  notice  of  final  hearing 
until  the  transcript  of  the  district  secretary  has  been  filed 5 

Appearance  at  the  trial  is  a  complete  waiver  of  notice 47 

PETITION.  A  petition  may  be  used  to  bring  to  the  attention  of  the  board  the 
kind  of  action  desired  by  the  petitioners,  but  a  board  may  act  with  equal 
directness  without  such  request 57 

PROCEEDINGS.  The  regularity  of  all  the  proceedings  will  be  presumed  upon. 
This  is  true  in  an  especial  sense  wjxen  the  records  are  more  than  usually 
complete 47 

In  the  absence  of  proof  to  the  contrary,  the  legal  presumption  is  that  the  pro- 
ceedings before  the  county  superintendent  were  entirely  regular 58 

PUNISHMENT.  In  applying  correction,  the  teacher  must  exercise  sound  dis- 
cretion and  judgment  and  should  choose  a  kind  of  punishment  adapted  not 
only  to  the  offense,  but  to  the  offender 14 

The  punishment  of  a  pupil  with  undue  severity,  or  with  an  improper  instru- 
ment, is  unwarrantable,  and  may  serve  in  some  degree,  to  indicate  the  ani- 
mus of  the  teacher 14 

The  right  of  the  parent  to  restrain  and  coerce  obedience  in  children  applies 
equally  to  the  teacher,  or  to  any  one  who  acts  in  loco  parentis 15 

Quo  WARRANTO.  The  remedy  of  a  person  denied  possession  of  an  office  to 
which  he  has  been  chosen,  is  an  action  in  court 8 

The  only  proper  means  of  affirming  the  right  to  exercise  the  privileges  of  an 
office,  or  to  contest  the  illegal  exercise  of  the  same,  is  set  forth  in  sec- 
tions 3345-3352.  (Code,  sections  4313-4335.) 23 

RECORDS*  In  the  absence  of  the  allegation  of  fraud,  testimony  to  contradict 
or  impeach  the  records  of  the  district  cannot  be  received 6 

The  board  may  at  any  time  amend  the  record  of  the  district,  when  necessary 
to  correct  mistakes  or  supply  omissions.  And  it  may  upon  proper  showing- 
be  compelled  by  mandamus  to  make  such  corrections 6 


INDEX  TO   APPEAL  CASES.  87 

PAGE. 

The  record  of  the  secretary  shall  be  considered  as  evidence,  and  cannot  be 
invalidated  by  parol  evidence  unless  there  is  proof  of  fraud  or  falsehood 27 

Records  not  made  and  certified  to  by  the  proper  officers  as  required  by  law  are 
defective  and  may  be  impeached  by  collateral  evidence 30 

The  official  record  is  its  own  best  evidence.  Testimony  intended  to  contradict 
the  record  should  not  be  admitted 30 

The  record  of  the  secretary  must  be  considered  as  evidence,  unless  there  is 
proof  of  fraud  or  falsehood 47 

REHEARING.  To  justify  the  granting  of  a  new  trial,  a  reasonable  doubt  must 
arise  in  the  mind  of  the  officer  to  whom  application  is  made,  as  to  the  abso- 
lute correctness  of  his  former  conclusions 36 

To  warrant  a  rehearing,  some  valid  reason  must  be  urged 38 

To  obtain  a  rehearing  the  necessity  must  be  clearly  shown 40,  69 

A  new  trial  should  be  refused  unless  cogent  reasons  are  produced,  causing 
doubts  to  arise  as  to  whether  the  merits  of  the  case  were  fully  and  fairly  set 
forth  at  the  former  hearing.  The  reasons  urged  must  present  a  strong 
probability  that  a  modification  of  the  decision  might  be  found  desirable 58 

In  refusing  a  rehearing,  or  in  granting  the  same,  unless  the  discretion  of  the 
county  superintendent  was  unjustly  exercised,  his  decision  must  be  affirmed, 
on  appeal 58 

The  presumption  that  the  trial  was  regular  and  the  proceedings  full  and  com- 
plete, must  be  overcome  by  the  reasons  urged  for  the  rehearing 58 

REMANDING  OF  CASES.  When  the  evidence  discloses  that  the  action  of  the 
board  was  unwarranted,  and  the  facts  are  not  sufficiently  shown  to  deter- 
mine what  should  be  done,  the  case  should  be  remanded  to  the  board 22 

Unless  the  transcript  indicates  clearly  the  manner  in  which  the  board  under- 
stands the  expression  of  the  electors,  an  appellate  tribunal  on  the  trial  will 
be  compelled  to  remand  the  case  for  a  more  definite  action 5o 

RESIDENCE.  The  board  may  adopt  any  course  it  sees  fit,  and  make  a  decision 
from  any  fair  and  impartial  method  of  obtaining  information  bearing  upon 
the  question  of  residence 78 

RULES  AND'  REGULATIONS.  Boards  of  directors  and  their  agents,  the 
teachers,  may  establish  reasonable  rules  for  the  government  of  their  schools  15 

Open  violation  of  the  rules  cannot  be  shielded  from  investigation  under  the 
plea  that  it  invades  the  rights  of  conscience 15 

The  pupil  is  answerable  for  acts  which  tend  to  produce  merriment  in  the 
school  or  to  degrade  the  teacher 15 

The  teacher  has  the  right  to  require  a  pupil  to  answer  questions  which  tend 
to  elicit  facts  concerning  his  conduct  in  school 15 

In  establishing  and  enforcing  regulations  for  the  government  of  scholars  the 
board  has  a  large  discretion 32 

The  burden  of  proof  is  with  the  appellant  to  show  that  a  rule  is  unreasonable    64 

SALARY  OF  TEACHERS.  The  control  of  salaries  is  wholly  within  the  power 
of  the  board  and  cannot  be  determined  by  an  appeal,  because  it  is  not 
within  the  jurisdiction  of  county  or  state  superintendent  to  order  the  pay- 
ment of  money 24 

The  salary  of  teachers  should  be  in  proportion  to  their  ability  and  responsi- 
bility, and  not  equal  when  these  differ  materially 24 

SCHOOL  FUNDS.  The  treasurer  is  the  proper  custodian  of  all  funds,  and  may 
legally  pay  them  out  only  upon  orders  specifying  the  fund  upon  which  they 
are  drawn  and  the  specific  use  to  which  they  are  applied 11 

The  courts  of  law  alone  can  furnish  an  adequate  remedy,  if  the  law  has  been 
violated  and  the  money  of  the  district  has  been  misappropriated 13 

SCHOOLHOUSE.  The  board  may  legally  remove  a  schoolhouse  from  one  sub- 
distriet  to  another  only  by  vote  of  the  electors 13 

When  the  electors  have  voted  to  remove  a  schoolhouse  from  one  subdistrict 
to  another  the  board  must  execute  such  vote,  and  from  its  action  in  so 
doing  no  appeal  can  be  taken 13 

There  is  no  limitation  in  law  as  to  the  number  of  scholars  to  be  accommodated, 
in  order  that  the  board  may  provide  a  schoolhouse 53 

SCHOOLHOUSE  SITE.  It  is  important  that  a  schoolhouse  site  be  located  on  a. 
public  road,  and  as  near  the  center  of  the  subdistrict  as  practicable 10 


88  INDEX   TO   APPEAL   CASES. 

PAGE. 

Subdistrict  boundaries  cannot  be  changed  in  an  appeal  relating  solely  to  locat- 
ing a  site,  nor  can  a  site  be  located  with  the  expectation  that  boundaries 
will  be  changed,  unless  such  intention  of  the  board  is  shown 18 

The  action  of  a  committee  appointed  by  the  board  to  locate  a  site  is  of  no  force 
until  officially  adopted  by  the  board  while  in  session 18 

The  prospective  wants  of  a  subdistrict  may  properly  have  weight  in  determin- 
ing the  selection  of  a  site,  when  such  selection  becomes  necessary,  but 
not  in  securing  the  removal  of  a  schoolhouse  now  conveniently  located.. .  .21,  59 

To  make  a  distinction  between  the  children  of  freeholders  and  those  of  ten- 
ants in  determining  the  proper  location  for  a  schoolhouse,  is  contrary  to 
the  spirit  and  intent  of  our  laws 21 

The  necessities  of  the  present  must  be  observed  in  locating  schoolhouse  sites, 
in  preference  to  the  probabilities  of  the  future 22,  59 

The  location  of  a  schoolhouse  can  be  dependent  upon  a  change  of  boundaries 
only  when  it  is  shown  in  evidence  that  it  is  the  definite  and  positive  inten- 
tion to  make  such  a  change 2& 

A  schoolhouse  site  fixed  by  county  or  state  superintendent  affirming  the  dis- 
cretionary act  of  the  board,  allows  the  board  to  exercise  it*  discretion 
again,  especially  if  material  changes  have  occurred 25 

The  endeavor  to  show  regard  for  the  expressed  wishes  of  the  electors  in  the 
choice  of  a  site  will  be  an  added  reason  in  support  of  the  action  of  the  board  25 

Proper  location  of,  depends  upon  form  of  subdistrict 28 

A  suggestion  from  the  electors  should  be  given  such  weight  as  there  is  value 
in  the  reasons  upon  which  the  expressed  wish  of  the  electors  is  based 3^ 

A  village  in  a  subdistrict  has  special  claims  favoring  the  selection  of  a  site 
within  its  limits.  The  element  of  distance  to  be  traveled  by  some  is  largely 
overcome  by  the  advantages  of  a  location  in  the  town 3:^ 

It  is  manifestly  unwise  for  the  electors  to  express  any  preference  for  a  site,  by 
a  vote.  The  remedy  of  anyone  aggrieved  by  the  action  of  the  board  is  appeal  33 

The  board  is  bound  to  take  into  account  any  special  reasons  existing  which 
favor  a  particular  location,  and  a  .vote  of  the  electors  to  expend  schoolhouse 
funds  in  a  certain  specified  manner,  may  not  be  disregarded 33 

Every  dwelling  house  must  be  taken  into  account,  as  some  one  entitled  to  school 
advantages  may  hereafter  reside  there 38 

When  it  is  the  evident  intention  of  the  board  to  relocate  the  site  as  near  as 
possible  in  the  center  of  the  subdistrict,  in  order  to  furnish  equal  school  facil- 
ities to  all  the  residents,  its  action  should  not  be  materially  interfered  with  38 

It  is  not  the  province  of  an  appeal  to  determine  which  of  two  sites  is  the  better    63 

When  purchased  need  not  necessarily  be  upon  a  highway 72 

SCHOOL  ORDERS.    When  improperly  issued,  a  proper  remedy  is  injunction. .     10 

SCHOOLHOUSE  TAXES  Must  be  certified,  collected,  and  expended,  in  accord- 
ance with  the  vote  of  the  electors 32 

The  board  may  not  refuse  to  expend  schoolhouse  funds  for  the  purpose  for 
which  they  were  voted 51 

SCHOOL  PRIVILEGES.  Are  not  acquired  by  temporary  removal  into  a  district 
for  the  purpose  of  attending  school 9 

The  law  is  to  be  construed  in  the  interest  of  the  child.  The  actual  residence 
of  ther-echolar  at  the  time  will  establish  the  right  to  attend  school  free  of 
tuition 52 

Are  not  guaranteed  children  elsewhere  than  in  the  district  of  their  residence    61 

Attendance  in  another  district  depends  upon  the  board  of  that  district,  and 
must  therefore  be  regarded  as  a  contingency 61 

To  the  fullest  extent  possible,  the  board  should  equalize  the  distance  to  be 
traveled  to  school 61 

The  board  has  authority  to  determine  when  and  upon  what  terms  nonresi- 
dents may  attend  school 78 

SCHOOLS.  The  wealthier  portions  of  the  community  should  aid  their  neigh- 
bors in  sustaining  good  schools 24 

SUBDIRECTOR.  The  subdirector  may  expend  money  in  his  subdistrict  only 
in  the  manner  authorized  by  the  board 11 

StfBDiSTRTCT.  A  subdistrict  is  not  a  corporate  body,  and  has  no  control  of 
any  public  fund 11 


INDEX  TO  APPEAL  CASES.  89 

PAGE. 

The  board  may  not  rodistrict  so  as  to  abolish  a  subdistrict,  with  the  manifest 
intent  to  prevent  the  building  of  a  house  provided  for  by  the  electors 32 

SUBDISTRICT  BOUNDARIES.  The  acts  of  a  board  changing  subdistrict  bound- 
aries and  locating  schoolhouses  are  so  far  discretionary  that  they  should  be 
affirmed  on  appeal,  unless  it  is  shown  beyond  a  doubt  that  there  has  been  an 
abuse  of  discretion 19 

A  case  involving  a  change  of  subdistrict  boundaries,  having  been  adjudicated 
by  the  county  superintendent  reversing  the  action  of  the  board,  and  being 
affirmed  by  the  superintendent  public  instruction,  cannot  again  be  brought 
upon  appeal,  unless  it  can  be  shown  that  some  change  materially  affecting 
the  conditions  of  the  case  has  taken  place  since  the  date  of  the  former  deci- 
sion   37 

A  subdistrict  long  established,  embracing  a  territory  having  a  sufficient  num- 
ber of  scholars  to  maintain  a  good  school,  should  not  be  abolished,  unless 
the  general  school  facilities  of  the  township  will  be  improved  thereby 37 

In  changing  subdistrict  boundaries,  both  the  present  and  the  future  welfare 
of  the  district  township  should  be  considered 37 

The  boundaries  of  subdistricts  may  be  changed,  or  new  subdistricts  formed, 
only  at  the  regular  meeting  of  the  board  in  September,  or  at  a  special  meet- 
ing held  before  the  following  March 49 

When  an  action  has  been  reversed  by  the  county  superintendent,  and  that 
decision  affirmed  by  the  superintendent  of  public  instruction,  the  board  can- 
not act  again  until  a  material  change  has  taken  place 72 

SUBDISTRICTS.  Should  be,  if  possible,  compact  and  regular  in  form.  In  well 
populated  district  townships,  two  miles  square  is  consided  a  desirable 
area ; 10,  53 

It  is  very  important  that  subdistricts  should  be  regular  in  form,  and  that 
where  it  is  possible,  schoolhouses  should  be  located  at  or  near  geographical 
centers 53 

The  board  should  be  encouraged  in  forecasting  a  general  plan  looking  toward 
an  ultimate  regularity  in  the  form  of  subdistricts 53 

TEACHER.  "  The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the  sub- 

,  director  and  board  in  all  matters  pertaining  to  the  conduct  and  welfare  of 
the  school 20 

When  a  teacher  is  dismissed  ia  violation  of  his  contract,  an  action  in  the 
courts  of  law  will  afford  him  a  speedy  and  adequate  remedy;  when  dis- 
charged for  incompetency,  dereliction  of  duty,  or  other  cause  affecting  his 
qualifications  as  a  teacher,  he  has  the  right  of  appeal 20 

The  law  provides  that  a  teacher  shall  have  a  fair  and  impartial  trial,  with 
sufficient  notice  to  enable  him  to  rebut  the  charges  of  his  accusers 30 

In  the  trial  of  a  teacher  the  board  is  bound  carefully  to  protect  the  interests 
of  the  district  and  to  seek  the  welfare  of  the  school,  as  well  as  to  regard  the 
rights  guaranteed  to  the  teacher 47 

As  an  employe  of  the  district  the  teacher  may  justly  claim  and  expect  to 
receive,  the  official  assistance  and  advice  of  the  board 54 

The  law  insures  the  teacher  a  fair  and  impartial  trial,  before  he  may  be  dis- 
charged    54 

A  teacher  may  justly  claim  and  expect  to  receive,  the  assistance  and  advice 
of  the  board,  and  especially  the  help  of  his  own  subdirector,  in  the  proper 
conduct  of  his  school 73 

It  is  alike  due  to  the  dignity  of  the  board  and  the  rights  of  the  teacher  that 
no  one  should  be  discharged  except  after  thorough  investigation  and  the 
clearest  proof.  If  possible,  the  teacher  should  be  shielded  from  the  stigma 
of  discharge 73 

Full  opportunity  must  be  afforded  the  teacher  to  make  defense  against 

charges 79 

Should  not  emplov  unsuitable  and  unusual  methods  of  punishment 79 

TERRITORY.  Where  territory  is  to  be  transferred  by  concurrent  action  of 
two  boards  to  the  district  to  which  it  geographically  belongs,  a  majority  of 
the  members  elect  is  not  necessary,  as  required  for  the  change  of  subdis- 
trict boundaries :  27 

All  territory  must  be  included  within  some  school  district 28 

When  a  transfer  is  sought,  no  appeal  will  lie  to  control  the  discretion  of  the 
county  superintendent  or  board 44 


90  INDEX  TO  APPEAL  CASES. 

PAGE. 

All  territory  must  be  contiguous  to  the  district  to  which  it  belongs 57 

TESTIMONY.  Unless  obviously  immaterial,  testimony  offered  should  be  admit- 
ted and  given  such  weight  as  it  merits 5 

At  the  hearing  of  an  appeal,  it  is  competent  for  the  county  superintendent, 
upon  his  own  motion,  to  call  additional  witnesses  to  give  testimony 6 

The  superintendent  should  afford  full  opportunity  for  the  introduction  of  tes- 
timony, and  the  examination  of  witnesses  should  be  so  conducted  as  to  dis- 
close all  material  facts.  What  is  shown  by  the  plat  need  not  also  be  pre- 
sented orally 18 

New  testimony  can  be  introduced  only  when  the  facts  materially  affecting 
the  case  could  not  have  been  known  before  the  trial 22,  G£ 

To  be  legal  must  be  given  under  oath 2& 

Sufficient  latitude  should  be  allowed  in  the  introduction  of  testimony  to  per- 
mit a  full  presentation  of  the  issues  involved,  even  if  irrelevant  testimony 
is  occasionally  admitted 38,  71 

Opinions  unsupported  by  facts  do  not  become  satisfactory  evidence 60 

If  selfish  or  other  improper  motives  are  complained  of,  the  testimony  must 
show  such  facts  'conclusively 63 

TRANSFER.  The  natural  obstacle  must  be  impassable  to  such  a  degree  as  to 
remain  an  actual  impediment  to  attendance 44 

TUITION.  To  enable  the  district  in  which  the  children  reside  to  collect  tui- 
tion, all  the  requirements  of  the  law  must  first  be  fulfilled 44 

Failing  to  substantiate  a  claim  to  residence,  a  nonresident  may  attend  school 
only  upon  such  terms  as  the  board  deems  just  and  equitable 67 


YC  53872 


